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HomeMy WebLinkAbout2012.02.21 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. February 21,2012 Please note that our Council Meeting will take place on Tuesday,February 21 as City Hall will be closed Monday, February 20 in honor of Presidents' Day. 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated February 6,2012. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve General Claims in the amount of $842,590.46 ($98,939.76 in the form of Electronic Fund Transfer Nos. 9066, 9089, 9103, 9132, 9144 and 9154; and $743,650.70 in the form of Wire Transfer Nos. 1178 through 1180; and Claim Warrants numbered 186314 through 186526). 2. To approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of$229,581.89 and, of that amount, authorize $183,109.18 be turned over for collection. (c) Estate Fence Issue: 1. Agenda Report from Stan Strebel,Deputy City Manager dated February 8, 2012. 2. Vicinity Map. 3. Draft Letter and Notice of Public Meeting. To schedule a public meeting on the Estate Fence issue for March 12, at 7:00 pm and to authorize the Mayor to sign the letter to property owners. (d) Orthophotography Intergovernmental Agreement: 1. Agenda Report from Rick Terway, Administrative & Community Services Director dated February 6,2012. 2. Proposed Agreement. To approve the Intergovernmental Agreement with Franklin County for aerial photography and orthophoto mapping of areas within the City of Pasco and, further, authorize the Mayor to sign the agreement. *(e) Right-of-Way Dedication for a Portion of 4'"Avenue(NM DEED2012-001): I. Agenda Report from David I. McDonald, City Planner dated February 14,2012. 2. Vicinity Map. 3. Right-of-Way Dedication Deed—K&K Carwash. 4. Right-of-Way Dedication—J&V Property Inc. To accept the deeds from K&K Carwash and J&V Property, Inc., for a portion of the 0 Avenue right-of-way. *(f) Resolution No. 3376, a Resolution accepting work performed by Big D's Construction, under contract for the Linda Loviisa Park Improvements,Project No. C6-11-02-PRK. 1. Agenda Report from Mike Pawlak, City Engineer dated February 7, 2012. 2. Vicinity Map. 3. Resolution. To approve Resolution No. 3376, accepting the work performed by Big D's Construction, under contract for the Linda Loviisa Park Improvements, Project No.C6-11-02-PRK. (RC) W2,MI O k-I move to approve the Consent Agenda as read. Regular Meeting 2 February 21,2012 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) 5. VISITORS-OTHER THAN AGENDA ITEMS: (a) (h) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers (b) Financial Services Manager: General Fund Operating Statement through January 2012. (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Q*(a) Street Vacation (MF#VAC2011-009) Portion of Maitland Avenue and"C"Street(Torres). 1. Agenda Report from David I.McDonald,City Planner dated February 14, 2012. 2. Vicinity Map. 3. Proposed Ordinance. CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance vacating a portion of South Maitland Avenue and a portion of East"C"Street. MOTION. I move to adopt Ordinance , vacating a portion of Maitland Avenue iogctl er with a portion of;V' Street and, furtlier, authorize,publication by summary only. Q*(b) Street Vacation (MF# VAC2011-006) Portion of Pueblo and Superior Streets, and Utah, Nevada and Wyoming Avenues(Mickelson). 1. Agenda Report from David I.McDonald, City Planner dated February 14,2012. 2, Vicinity Map. 3. Proposed Ordinance. CONDUCT A PUBLIC HEARING Ordinance No, , an Ordinance vacating a portion of Pueblo Street, Superior Street,Nevada Avenue, Wyoming Avenue and Utah Avenue. MOTION: I move to adopt Ordinance , vacating, a portion of Pueblo Street, Superior Street, Utah Avenue, Nevada Avenue and Wyoming Avenue and, further, authorize publication by :summary only, 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) Comprehensive Plan Amendment Urban Growth Area, Base Maps and Adoption of Subarea Plans by Reference(MF#CPA2011-001). 1. Agenda Report from David I. McDonald, City Planner dated February 15, 2012. 2. Proposed Resolution. 3. Proposed Ordinance. 4. Proposed Urban Growth Area Map.* 5. Base Maps.* 6. Comprehensive Plan Sections.* 7. Staff Memo to the Planning Commission dated 1/19/12.* 8. Planning Commission Minutes.* *(References previously provided to Council; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at http://www.taas_eo_- )Ka.,o-y/citycouncilreports.) Resolution No. , a Resolution declaring the preferred Urban Growth Boundary for the City of Pasco. MOTION, 1 move to approve Resolution No, , identifyiog, the Pasco City Council's preferred Urban C'irowth m-a Boundarie-q. Ordinance No. , an Ordinance amending the Comprehensive Plan to include the Marine Terminal/Boat Basin Plan, the Pasco Bicycle and Pedestrian Master Plan and the Broadmoor Concept Plan. NRYFION, I move to adopt Ordinance No._ . amending the Comprehensive Plan by updating base; maps and adopting the Marine Terminal/Bout Basin Plan, the Pawn Bicycle and Pedestrian Master Plan and the Broadrnoor Concept Plan by reference} and, farther, authorize publication by summary only, Regular Meeting 3 .February 21,2012 (b) Ordinance No. . an Ordinance amending the Comprehensive Plan to include the Pasco School District Capital Facilities Plan. 1. Agenda Report from David I.McDonald, City Planner dated February 15,2012. 2. Proposed Ordinance. 3. School District Letter dated 1/11/11.* 4. School District Capital Facilities Plan 2011-2017.* 5. Memo to the City Manager.* 6. Staff Memos to the Planning Commission.* 7. Proposed Comprehensive Plan Amendments.* 8. Planning Commission Minutes.* 9. Public Correspondence.* *(References previously provided to Council; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at httn:llwww� aag4. wa.Sov/citycouncil n=tarts.) MOTION. I move to adopt Ordinance Na. , =ending the Comprehensive Plan by adopting the 2011-2017 Pasco School District Capital Facilities Plan by reference acrd, Further, authorim publication by summary only. (c) Ordinance No. , an Ordinance concerning speed limits on various streets and amending Section 10.24.040 of the Pasco Municipal Code. 1. Agenda Report from Mike Pawlak, City Engineer dated February 1,2012. 2. Vicinity Map. 3. Proposed Ordinance. MOTION. I rnove to adapt Ordinance No, , increasing the Wed limit on Industrial Way and, further,authoriza publication by summary only. 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: (a) Interlocal Agreement with Port of Walla Walla for Wastewater Treatment and Disposal Services: 1. Agenda Report from Stan Strebel,Deputy City Manager dated February 15,2012. 2. Proposed Agreement. 3. Resolution No.3334. MOTION: 1 move to approve the Interlocal Agrec:inetn with the Pori of Walla Walla for Wastewater Treatment and Disposal Services and, further, authuri the Mayor to sigma the Agreement when the conditiong,precedent to effective"to in Section 9Aiii, have been satisfied. 11. MISCELLANEOUS DISCUSSION: (a) N (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File#...." Q Quasi-Judicial Matter REMINDERS: 1. 6:00 p.m., Tuesday, February 21, City Hall Conference Room #1 - LEOFF Disability Board Meeting. (MAYOR MATT WATKINS and COUNCILMEMBER REBECCA FRANCIK) 2. 7:30 a.m., Thursday, February 23, 7130 W. Grandridge BIvd - Tri-Cities Visitor & Convention Bureau Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN,Alt,) 3. 4:00 p.m., Thursday, February 23, 7130 W. Grandridge Blvd - TRIDEC Board Meeting. (COUNCILMEMBER MIKE GARRISON,Rep.; TOM LARSEN,Alt.) 4. 5:30 p.m., Thursday, February 23, 710 W. Court Street- Benton-Franklin Community Action Committee Meeting. (COUNCILMEMBER AL YENNEY, Rep.;REBECCA FRANCIK, Alt.) 5. 7:30 a.m., Friday, February 24, 480 Columbia Point Drive,Richland-Tri-Cities Rivershore Master PIan II Unveiling. (MAYOR MATT WATKINS and COUNCILMEMBER AL YENNEY) MINUTES REGULAR MEE'T'ING PASCO CITY COUNCIL FEBRUARY 6, 2012 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present. Rebecca Francik, Mike Garrison, Robert Hoffmann, Tom Larsen, Saul Martinez, Matt Watkins and Al Yenney. Staff present: Gary Crutchfield, City Manager; Leland Kerr, City Attorney; Stan Strebel, Deputy City Manager; Richard Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public Works Director; Bob :Metzger, Police Chief, Bob Gear, Fire Chief and Mike Pawlak, City Engineer. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated January 17, 2012. (b) Bills and Communications: To approve General Claims in the amount of$846,934.65 ($846,934.65 in the form of Wire Transfer Nos. 1163, 1164 and 1170; and Claim Warrants numbered 186012 through 186145 and 186162). 2011 EXPENSES To approve General Claims in the amount of$1,074,294.58 ($155,853.27 in the form of Electronic Fund Transfer Nos. 8835, 8852 and 8920; and $918,441.31 in the form of Wire Transfer Nos. 1169, 1 T 71 through 1174; and Claim Warrants numbered 186010, 186011, 186146 through 186161, and 186163 through 186313). 2012 EXPENSES To approve Payroll Claims in the amount of$1,994,229.21, Voucher Nos. 43707 through 43774 and 80110 through 80119; and EFT Deposit Nos. 30049600 through 30050149. (c) Request for Streetlight Installation: To approve the installation of a streetlight at the intersection of Road 77 and Court Street. (d) Resolution No. 3371, a Resolution approving a building lease for the Downtown Post Office. To approve Resolution No. 3371, approving a building lease for the Downtown Post Office. (e) Resolution No. 3372, a Resolution accepting work performed by A&B Asphalt, Inc., under contract for the Wastewater Treatment Plant Sludge Bed Paving and Wall Modifications Project. To approve Resolution No. 3372, accepting the work performed by A&B Asphalt, Inc., under contract for the Wastewater Treatment Plant Sludge Bed Paving and Wall Modifications Project. (f) Resolution No. 3373, a Resolution accepting work performed by Booth & Sons Construction, Inc., under contract for the Broadmoor Pump Station Improvements, Project No. 10-2-05. 3(a). 1 1 MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 6, 2012 To approve Resolution No. 3373, accepting the work performed by Booth & Sons Construction, Inc., under contract for the Broadmoor Pump Station Improvements, Project No, 10-2-05. MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Garrison reported on the Tri-Cities Visitor and Convention Bureau Board meeting, the TRIDEC Board of Directors meeting and Hanford Communities Governing Board meeting. Mr, Martinez attended the Parks and Recreation Advisory Council meeting, Mr. Larsen attended the Emergency Medical Services Board meeting. Mr. Yenney attended the AWC Elected Officials Training and invited all citizens to attend the Community Forums this week. Mayor Watkins, along with Ms. Francik, Mr. Yenney and Mr. Crutchfield, attended the AWC City Legislative Action Conference in Olympia. Mayor Watkins also testified before the state legislature concerning excessive Public Records Requests. Mr. Hoffmann attended the Franklin County Mosquito Control District Board meeting. Ms. Francik reported on the AWC Board meeting. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Mandatory Sidewalk Installation in LID 149 (Kurtzman). MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED RESOLUTION, FOLLOWING THREE CALLS FOR COMMENTS,EITHER FOR OR AGAINST, AND THERE BEING NONE, MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED. Council and staff discussed the details of the proposed resolution. Resolution No. 3374, a Resolution ordering the installation of sidewalks on Hugo Avenue through Pasco Municipal Code Section 12.08. MOTION: Ms. Francik moved to approve Resolution No. 3374, ordering sidewalk installation on Hugo Avenue between Alton and Lewis Streets. Motion carried 6— 1. No— Larsen. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Code Amendment, Rabbit Hutch and Chicken Coop Setbacks Adjacent Alleys (MF #CA2012-001). Council and staff discussed the details of the amendment. MOTION: Ms. Francik moved to adopt the Findings as contained in the staff memo to the Planning Commission dated 1/19/12. -Mr. Hoffmann seconded. Motion carried 6— 1. No— Garrison. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 6, 2012 Ordinance No. 4040, an Ordinance relating to zoning and amending PMC Title 25 dealing with rabbit hutches/chicken coops and runs being located within five feet of alleys in residential zoning districts. MOTION: Ms. Francik moved to adopt Ordinance No. 4040, amending PMC Chapters 25.20, 25.22, 25.24, 25.26, 25.28, 25.30, 25.32, 25.34, 25.36 and 25.38, to allow structures for the keeping of rabbits and chicken hens to be located within five feet of an adjacent alley and, further, authorize publication by summary only. Mr. Hoffmann seconded. Motion carried 4— 3. No—Martinez, Watkins, Garrison. Resolution No. 3375, a Resolution accepting the Planning Commission's recommendation and approving a temporary use for a circus at 6200 Burden Boulevard. Council and staff discussed the details of the special permit. MOTION: Ms. Francik moved to approve Resolution No. 3375, approving a Special Permit for the location of a temporary use (circus) at 6200 Burden Boulevard. Mr. Garrison seconded. Motion carried unanimously. NEW BUSINESS: Kurtzman Park Neighborhood Local Improvement District (LID) 149: Staff informed Council that protests equaling only 6.5% of the assessed value of the LID properties were received. Council concurred to proceed with the Kurtzman Park Neighborhood LID, Architectural Services— Municipal Court; MOTION: Ms. Francik moved to approve the agreement with LCA+pH, LLC for architectural services for the Municipal Court facility and, further, authorize the Mayor to sign the Agreement. Mr. Garrison seconded. Motion carried unanimously. Chiawana Park Restroom and Playground Replacement: MOTION: Ms. Francik moved to approve the purchase of a restroom building and play structure from the State's bid list, plus the necessary cost of installation, the total not to exceed the budgeted amount of$210,000. Mr. Garrison seconded. Motion carried unanimously. Commercial and Kahlotus Highway Lift Station: Council and staff discussed the details of the agreement. MOTION: Ms. Francik moved to approve the Professional Services Agreement with CH2MHil1 authorizing professional services with respect to the Commercial and Kahlotus Highway Lift Station, not to exceed $125,897 and, further, authorize the Mayor to sign the agreement. Mr. Martinez seconded. Motion carried unanimously. 2012 Crack Sealing, Project No. M3-OV-3R-12-01; Council and staff discussed the details of the project. MOTION: Ms. Francik moved to award the Iow bid for the 2012 Crack Sealing, Project No. M3-OV-3R-12-01 to Construction Ahead (dba Pavement Surface Control), in the amount of$185,247.76 and, further, authorize the Mayor to sing the contract documents. Mr, Yenney seconded. Motion carried by unanimous Roll Call vote. 3 MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY b, 2012 MISCELLANEOUS DISCUSSION: Mayor Watkins noted Council has the results of the National Citizens Survey and will discuss the results at the next workshop meeting. Mr. Crutchfield described Council's goal setting process which will conclude with final goals being adopted in mid-April. Mr. Yenney requested the National Citizens Survey be available at the library and web site. Ms. Francik inquired if Council has any authority to regulate what passes through the City on rail lines. EXECUTIVE SESSION: Council adjourned to Executive Session at 7:45 p.m, for approximately 10 minutes to discuss acquisition of Real Estate with the City Manager and the City Attorney. Mayor Watkins called the meeting back to order at 7:53 p.m. ADJOURNMENT. There being no further business, the meeting was adjourned at 7;53 p.m. APPROVED: ATTEST: Matt Watkins, Mayor Debra L. Clark, City Clerk PASSED and APPROVED this 2151 day of February, 2012. 4 CITY OF PASCO Council Meeting of; February 6,2012 Accounts Payable Approved The City Council City of Pasco Franklin County,Washington We, t4 undersigned,do hereby certify under penalty of perjury that the materials have been furnished,the �"`vicis rendered or the labor performed as described herein and that the claim is a just,due and unpaid f obligation st th city and that we are authorized to authenticate and certify to said claim, t rI Gary Crutchfield, City Manager Maso Finance Services Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County Washington,do hereby certify on this 6th day of February,2012 that the merchandise or services hereinafter specified have been received: Check Numbers and 186314- 186526 In The Amount Of: $743,650.70 Electronic Funds Transfers: 1178- 1180 in The Amount Of: $ 98,939.76 Electronic Funds Transfers: 9066.9089.9103 (Journal Entries) 9132.9144.9154 Combined total of $842,590.46 Councilmember Councilmemoer SUMMARY OF CLAIMS BY FUND: GENERAL FUND; Legislative 857.84 Judicial 17,792,10 Executive 2,724.63 Police 28,218.29 Fire 22,577,78 Administration&Community Services 135,844,53 Community Development 1,710.26 Engineering 8,322.47 Non-Departmental 66,139.51 Library 1,570.51 TOTAL GENERAL FUND: 285,757.92 STREET 38,572.06 ARTERIAL STREET 6,014.25 STREET OVERLAY 0.00 C.D. BLOCK GRANT 1.54 HOME CONSORT GRANT 130.63 NSP GRANT 160.86 KING COMMUNITY CENTER 2,945.06 AMBULANCE SERVICE 12,322.46 CEMETERY 124.93 ATHLETIC PROGRAMS 0.00 GOLF COURSE 29,376.59 SENIOR CENTER OPERATING 10,395.53 MULTI MODAL FACILITY 2,086.96 RfVERSHORE TRAIL& MARINA MAIN 176,42 SPECIAL ASSESSMNT LODGING 0.00 LITTER CONTROL 0.00 REVOLVING ABATEMENT 0.00 TRAC DEVELOPMENT&OPERATING 1,179.00 PARKS 0.00 STADIUM/CONVENTION CENTER 46.52 GENERAL CAP PROJ CONSTRUCTION 56,422.33 WATER/SEWER 228,414,19 EQUIPMENT RENTAL-OPERATING GOVERNMENTAL 30,225.31 EQUIPMENT RENTAL-OPERATING BUSINESS 1,827,09 EQUIPMENT RENTAL-REPLACEMENT GOVERNMENTAL 0.00 EQUIPMENT RENTAL- REPLACEMENT BUSINESS 0.00 MEDICAUDENTAL INSURANCE 92,912.64 CENTRAL STORES 0.00 PAYROLL CLEARING 41,364.17 LID CONSTRUCTION 0,00 PUBLIC FACILITIES DIST 150.00 TRI CITY ANIMAL CONTROL 1,984.00 SENIOR CENTER ASSOCIATION 0.00 GRAND TOTAL ALL FUNDS: $ 842,590.46 3(b). 1 AGENDA REPORT FOR: City Councils`") DATE: February 15,2012 TO: Gary Crutchfi., d, . 'tr anager REGULAR: February 21,2012 Rick Terway,A��3 s tine &Community Servi for FROM: Dunyele Mason, Financial Services Manage SUBJECT: BAD DEBT WRITE-OFF'S/COLLECTION. 1. REFERENCE(S): Write-off and collection lists are on file in the Finance Department. H. ACTI,ON,RR rU_ESTED OF COUNCILSTAFF RECOMMENDATION- : MO'T'ION: i move to approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of $229,581.89 and, of that amount, authorize $183,109.18 be turned over for collection. ill. HLSTORY ADD FACTS BRIEF: 1. UTILITY BILLING -These are all inactive accounts, 60 days or older. Direct write-offs are under $10 with no current forwarding address, or are accounts in"occupant" status. Accounts submitted for collection exceed$10.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write off's including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS REC LIVABLE-These are all delinquent non-criminal and criminal fines,and parking violations over 30 days past clue_ 4. CODE ENFQRCFFM cNN�— LIENS — These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine, There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY—These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. 6. GENERAL- These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. 7. MISCELLANEOUS- These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed$10.00. Amount Direct Referred to Total Write-offs Collection Write-offs Utility Billing $ 0.00 640.74 640.74 Ambulance $ 46,462.71 21,071.55 67,534.26 Court A%R $ .00 159,008.00 159,008.00 Code Enforcement $ .00 1,448.00 1,448.00 Cemetery $ .00 .00 .00 General $ .00 78.00 78.00 Miscellaneous $ 10.00 862.89 872.89 TOTAL: $ 46,472.71 183,109.18 229,581.89 IV, ADMINISTRATIVE ROUTING: cc: Dot French,Municipal Court Clerk 3(b).2 AGENDA REPORT FOR; City Councl February 8, 2012 TO: Gary Crutchii -tk Manager Workshop Mtg.: 2/13/12 Regular Mtg.: 2/21/12 FROM: Stan Strebel, Deputy City Manager SUBJECT: Estate Fence Issue I. REFERENCE(S): 1. Vicinity Map 2. Draft letter and Notice of Public Meeting II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 2/13: Discussion 2/21: MOTION: I move to schedule a public meeting on the Estate Fence issue for March 12, at 7:00 p.m. and to authorize the Mayor to sign the letter to property owners. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) Council reviewed the recommendations of the Estate Fence Committee on January 17 and directed that a letter be sent to property owners adjacent to the defective fence (Road 100, Chapel Hill Blvd and Road 84) inviting their participation in a public meeting to discuss the problem and possible solutions. B) A meeting was held on February 1 at Chiawana High School, Approximately 16 (of 1 ]8) property owners attended with members of the Committee and staff. Problems associated with the fence (damage and graffiti) as well as possible solutions were discussed. C) Following an extensive question and answer session, those attending were asked to indicate their approval or disapproval of the following concept. a) That all of the existing "Surewood" fence slats be replaced with (23/32" x 6" x 6') cedar,pre-stained fence. b) The City will order the materials, arrange for removal of the old fence material and installation of the new slats. c) Property owners will be responsible for material costs (current estimate for the cedar slats is $5.15, plus tax, per lineal foot — average lot line is 70 If x $5.57 = $390). d) City will bill 1112 of the material cost to each property owner on the monthly utility bill for 12 months. e) This replacement project is a "one-time" project due to the inadequate material initially installed. Following replacement, individual property owners are responsible for routine fence maintenance and repair. D) All but two of the property owners indicated support of the concept. Those two indicated a preference for the more expensive ($15 It) vinyl product that was discussed as an alternative. E) At the conclusion of the meeting, Mayor Watkins suggested that the City Council would hold a public meeting on the outlined proposal. Property owners would again be notified of the meeting and the details of the proposal. Following the meeting, the City Council would make a decision on the proposal. V. DISCUSSION: A) The attached draft letter is proposed to inform the property owners of the proposal and the proposed public meeting (March 12) and Council decision (March 19). 3(c) r , ! JI , � CHAPEL HILL BLVO - -- - - -- - --- --- — --- _.. 7�E_.` - � � r I -t ��._! r I- I -J J-�r-j �•-!- � ,—�-� --- ,'----I ^-� i r -'poJr-t`' }r y -i !_•_ LI I._.=i \. J O1i�,�R� r !m PALOMMODR- — ANOUS t �t n ° ` \� , 1 ' ,er• rr I ! it mi-!� ii„��1__I�_Jl!��I �I. 'I-I-! �5�^'•' t, • �. i'' ,' •�'• •, r�4f, \1 I -4, ' P�RC_HERONOR `� 5 ' `.�' `� �. 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"; •! 1 _i .I I . -•!'' �- ,� J� �� _� I' ! 1 f'•`I �.-.SUNSEr7RA1L � i - / �I cilEUw ct i' Ir I �-�_�i f_�- , ^I_ 11 I : ! � � t _ _ - / ,• r r MAPLEI bR _ -� MAPLEO RI J..._. _.-...__._L_ Legend sufflood Fence _ Subdivision Fence Inventory.-.•• -► 'era___ I ' February 2012 D_� I-- ' OFFICE OF THE MAYOR (509) 545-3404 f Fax (509) 545-3403 1 i P. O. Box 293, 525 N. 3rd Avenue, Pasco, WA 99301 Dear Property Owner: This is to follow up on the meeting regarding the problems with the perimeter or `'estate" fence adjacent to your property which was held on February 1 at Chiawana High: At the meeting, City staff presented information on the problems associated!with the defective materials used for the fence and its maintenance and upkeep. A riiimber of samples of possible replacement slats and estimated costs for purchase were revi.0�6d arid discussed';After a number of questions were asked,those in attendance were asked if they supported the following;proposition: 1. That all of the existing"Surewood" fence slats be�replaced with.(23/32" x 6" x 6') cedar pre- stained fence. 2. The City will order the materials, arrange for removal of the old fence material and installation of the new slats. 3. Property owners will be responsible for.material costs (current estimate for the cedar slats is $5.15, plus tax, per lineal foot— average lot line is.101f x $5.57 = $390). 4. City will bill 1/12 of the material cost to each property owner on the monthly utility bill for 12 months. 5. This replacement project is a"one-time" project due to the inadequate material initially installed. Following replacement, individual property owners are responsible for routine fence maintenance and repair. As most of those in attendance were,ib support of the proposal, the City Council will consider this at its workshop meeting of March 12. Yoii are invited and encouraged to attend the meeting and provide your input. Following the meeiing of March 12 it is expected that the Council will decide whether to proceed with a;replacement project at its regular meeting of March 19. Thank you for your attention to this issue. Sincerely, 1D 1ZA IF—F Matt Watkins Mayor MW/SS/tlz AGENDA REPORT FOR: City Council DATE: 2/6/12 TO: Gary Crutche114AUIager Workshop Mtg.: 2/13/12 Regular Mtg.: 2/21/12 FROM: Rick Terway, Director, Administrative & Communit We rvices SUBJECT: Ortho photography Intergovernmental Agreement L REFERENCE(S): 1. Proposed Agreement II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 02/13: Discussion 02/21: MOTION: I move to approve the Intergovernmental Agreement with Franklin County for aerial photography and orthophoto mapping of areas within the City of Pasco and further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: $18,000 General Fund Budget IV. HISTORY AND FACTS BRIEF: A) The City and Franklin County have partnered for the last several years in the aerial flyovers required for updating our ability to provide current aerial photo maps. B) Flights are normally done every two years to stay as current as economically feasible. The last flyover was done in the spring of 2009. We are invited to participate in the 2012 regional flight, which will provide a higher resolution photo improving the print quality, at a substantial cost savings over previous years. V. DISCUSSION: A) The 2009 flyover cost the city $26,350, compared to this year's cost of$18,000. B) Staff recommends approval of the agreement with Franklin County for the 2012 Flyover. 3(d) INTERGOVERNMENTAL COOPERATION AGREEMENT THIS AGREEMENT is between Franklin County, a political subdivision of the State of Washington, with its principal offices at 1016 North 4t' Avenue, Pasco, WA 99301 (hereinafter also referred to as "COUNTY"), and the City of Pasco, a municipal corporation of the State of Washington, with its principal offices at 525 North 3rd Avenue, Pasco, WA 99301 (hereinafter referred to together as "PARTIES"). WITNESSETH: WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington provides for Interlocal cooperation between governmental agencies; and WHEREAS, the purpose of this agreement is to cooperatively undertake and complete an aerial photography and orthophoto mapping project of FRANKLIN COUNTY, including the areas lying within the CITY OF PASCO; and WHEREAS, this project will benefit both PARTIES. The COUNTY has a need to update its ortho-imagery of the county in 2012. The CITY OF PASCO has a need to update its ortho-imagery of those areas lying within the limits of the Pasco Urban Growth Boundary in 2012; and WHEREAS, both PARTIES have the capability to independently acquire and/or produce 2012 ortho-Imagery. If each PARTY acted independently, the results would involve significant redundancies and increased costs. A major goal of this Agreement is to reduce and/or eliminate duplication and save governmental costs; and WHEREAS, the COUNTY requires ortho-imagery to be delivered at a photo scale of 1:42,333 (12" pixels); and WHEREAS, the CITY OF PASCO has requested that the COUNTY provide and deliver to them the ortho-imagery of the Pasco Urban Growth Boundary at a photo scale of 1:12,500 (4" pixels); and WHEREAS, the COUNTY has entered In a Contract between Mapcon Mapping, Inc. and FRANKLIN COUNTY for the purpose of undertaking and completing an aerial photography and orthophoto mapping project of Franklin County, Contract No. FC- ORTH0-12-001 , executed on January 18, 2012; and WHEREAS, the COUNTY included, as part of its Contract between Mapcon Mapping, Inc., Contract No. FC-ORTHO-11-001, all provisions necessary to deliver the ortho- imagery of the areas lying within the Pasco Urban Growth Boundary to the CITY OF PASCO at the scale requested (1:12,500); and Page I of 4 WHEREAS, the CITY OF PASCO has agreed to pay the COUNTY the cost for the delivery of ortho-imagery at 1:12,500 (4" pixels); and NOW, THERFORE, the parties agree as follows: 1 . The COUNTY shall provide all data and resources necessary for Mapcon Mapping, Inc. to complete the work as outlined in the Personal Services Contract between the Mapcon Mapping, Inc. and FRANKLIN COUNTY for the purpose of undertaking and completing an aerial photography and orthophoto mapping project of Franklin County, Contract No. FC-ORTHO-12-001, executed on January 18, 2012. 2. The COUNTY shall provide all preliminary data received from the Mapcon Mapping, Inc. for the Pasco Urban Growth Boundary to the CITY OF PASCO for their review and comment. 3. The COUNTY shall deliver the ortho-imagery of the Pasco Urban Growth Boundary to the CITY OF PASCO at a scale of 1:12,500 (4" pixels) in accordance with the Contract between the Mapcon Mapping, Inc. and FRANKLIN COUNTY, Contract No. FC-ORTHO-12-001 . 4. The COUNTY shall submit an invoice to the CITY OF PASCO for reimbursement to the COUNTY upon the successful delivery of the ortho-imagery of the Pasco Urban Growth Boundary. 5. The CITY OF PASCO shall reimburse the COUNTY all expenditures for the cost of the delivery of ortho-imagery at 1:12,500 (4" pixels). Cost that shall not exceed a sum of eighteen thousand dollars ($18,000.00). 6. The duration of this agreement shall begin upon the date both PARTIES have executed this agreement, and shall expire December 31, 2012, unless terminated sooner as provided for herein this agreement. 7. This agreement shall not create a separate legal or administrative entity. 8. This agreement may be terminated by either PARTY for convenience upon ten (10) days written notice to the other PARTY'S authorized representative(s). The terminating party shall be responsible for payment of all costs, if any, incurred by the non-terminating party in the performance of this agreement up to the date of termination. The non-terminating party shall invoice said costs to the terminating party whereupon such costs shall be due and payable within thirty (30) calendar days. 9. Each PARTY'S authorized representative(s) shall be responsible for administration of this agreement. Page 2of4 10.This agreement does not provide for the acquisition, holding, or disposing of real or personal property other than as set forth herein. Page 3 of 4 BOARD OF COUNTY COMMISSIONERS CITY OF PASCO FRANKLIN COUNTY, WASHINGTON PASCO, WASHINGTON Chairman City Representative Chair Pro Tern Title Date: Member Date: ATTEST: Clerk to the Board Page 4of4 AGENDA REPORT FOR: City Council February 14, 2012 TO: Gary Crutchfie Manager Regular Mtg.: 2/21112 Rick White, Community& Economic Development Director �V� FROM: David 1. McDonald, City Planner SUBJECT: Right-of-Way Dedication for a Portion of 4`h Avenue (MF#DEED2012-001) I. REFERENCE(S): I. Vicinity Map 2. Right-of-Way Dedication Deed-K& K Carwash 3. Right-of-Way Dedication Deed-J &V Property Inc. II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 2/21: MOTION: I move to accept the deeds from K & K Carwash and J &V Property Inc. for a portion of the 4h Avenue right-of-way. III. FISCAL IMPACT: NONE IV. .HISTORY AND FACTS BRIEF: A) Planned street improvements near the intersection of Marie Street and 4t' Avenue require additional right-of-way. B) The owners of the impacted property have signed dedication deeds for the necessary right-of way. 3(e) Item: Right-of-Way Dedication Deed Vicinity • Applicant: J&V Property Inc. Map File #: DEED 2012-001 TVA I - r��V' • 2 ' - 1 `""r , _ 2I N � � to • r � �� rr�� � ..� ��a� S 1r y F = SITE > Q' TAV S After Recording—Return To: City of Pasco, Washington Attn: City Planner 525 North 3 T Pasco, WA 99301 DEDICATION DEED Tax Parcel No, 112-011-091 THE GRANTOR(S), K & K Carwash, by donation pursuant to RCW 35A.79.010, dedicate, convey and quit claiin to the GRANTEE, THE CITY OF PASCO, a Municipal Corporation of the State of Washington, for the public use, as a public right-of-way and al] interest in the land described as follows: That portion of the East 140 feet of Lot 3 and Lot 4 Sydney Addition as recorded under Auditor's file number 152694, records of Franklin County, Washington, more particularly described as follows: Beginning at the Southeast corner of Lot 4, said point also being the Northerly right of way of Marie Street, said point also being the true point of beginning; thence Westerly along the South line of said lot 4, N 890 18' 22,00" W, 49.73 feet; thence North perpendicular to the South line of Lot 4, N 0° 36' 28.96" E, 3.90 feet; thence Easterly parallel along to the South Iine of Lot 4, S 890 30'00.]0" E, 24.18 feet; thence Northerly, N 80° 03' 44.09" E, 25.90 feet; thence Southerly along the East line of Lot 4, S 0° 43' 5.00" W, 8.78 feet to the point of true beginning. Containing 258 square feet more or less. DATED this latbday of'C,1r-tw,Le- . ] 1. Dedication Deed- 1 r ' t GRANTORS) Owner�,$),� STATE OF WASHINGTON ) ss. County of Franklin } On this 15�k day of 2011, before me, the u deisigppd, duly commissioned and sworn, personally appeared to me known to be the individual(s) described above and who executed the within and foregoing instrument as an agent of the owner(s) of record, wid acknowledged to me that$/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that Qshe/they/are authorized to execute the said instrument. GIVEN under by hand and official seal this day of\&ZUlt-62-Y' 2011. i BRENDA L.TIMPANY Print Name: a NOTARY PUBLIC NOTARY PUBLIC i and for the State of Washington STATE OF WASHINGTON Residing at: i COMMISSION EXPIRES My Commission Expires; MAY 9, 2015 Dedication Deed -2 � v 44+00 43100 eba � o d a MARIE STREET tp w I . N b W 1 rn y as I rn Q0� 10, v �^ i N � After Recordinu, Return To; City of Pasco, Washington Attn: City Planner 525 North 3" Pasco, WA 99301 DEDICATION DEED Tax Parcel No, 112-012-036 THE GRANTOR(S), J & V Property Inc., by donation pursuant to RCW 35A.79.010, dedicate, convey and quit claim to the GRANTEE, THE CITY OF PASCO, a Municipal Corporation of the State of Washington, for the public use, as a public right-of-way and all interest in the land described as follows: That portion of Block 8, Sylvester Park Addition Except Lots 13-28, inclusive according to the Plat recorded in Volume B of Plats, Page 52, records of Franklin County, Washington, more particularly describe as follows: Beginning at the Northeast corner of Block 8, said point also being on the Southerly right of way of Marie Street, said point also being the true point of beginning; thence Westerly along the North line of Block 8, N 89° 18' 22.00" W, 21.05 feet; thence Southerly towards the East Iine of Block 8, S 43° 29' 21.58" E, 30.19 feet; thence Northerly along the East Iine, N 01 43' 5.00" E, 21.65 feet to the true point of beginning. Containing 225 square feet more or less DATED this '1 day of 20I2. Dedication Deed - I GRANTORS) Owner(s) �l STATE OF WASHINGTON } ss. County of Franklin ) On this �-O' day of 2012, before rne, the ndersigned, dul coy ni lc reds, and wont, personally appeared � Y r� W (i o be the individual(s) described above and who executed the within and foregoing instrument as an agent of the owner(s) of record, and acknowledged to ine that he/slie/they signed the same as his/her/their fi-ee and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he/she/they is/are authorized to execute the said instrument. GIVEN under by hand and official seal this -14 day of , 2012. kRENDA L. TIMPANY Print Nante: n NOTARY PUBLIC ' NOTARY PUBLIC in anj for the Statue Washington F'E OF WASHINGTON Residing at: tA). 2iL ,v,a•,siON EXP RES 4Y 9, 2015 My Commission Expires: '—� Dedication Deed - 2 i o � z y N a PP) 7d Z G) + a �v 1 i 40' Z ( t C7 Q0 I O C a � Q m I � _o ca p J y A 2 0 N I -1 _p I �. L2 4. 44+00 43!00 42+00 a MARIE STREET AGENDA REPORT NO. 4 FOR: City Council Y February 7, 2012 TO: Gary Crutchfi anager Ahmad Qayoumi, is Works Director ti FROM: Michael A. Pawlak, City Engineer Regular Mtg.: 02/21/12 SUBJECT: Accept Linda Loviisa Park improvements, Project 4C6-11-02-PRK I. REFERENCE(S): 1. Vicinity Map 2. Resolution 11. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 02121: MOTION: I move to approve Resolution No. 337' accepting the work performed by Big D's Construction, under contract for the Linda Loviisa Park Improvements, Project#C6-11-02-PRK. III. FISCAL IMPACT: Park Development Fund IV. HISTORY AND FACTS BRIEF: A) The 2011 Capital Improvement Plan/Budget included the Linda Loviisa Park Improvements project to construct and develop a 5-acre park in the Linda Loviisa Subdivision. The park consists of a basketball court, two gazebos, park benches, picnic benches,pathways and park lighting. B) Playground equipment will be installed under a separate contract. C) On July 5, 2011, Council awarded the Linda Loviisa Park Improvements, Project #C6-11-02-PRK to Big D's Construction for $241,010.82, including applicable sales tax. V. DISCUSSION: A) The final project construction contract totalled$209,665.93, including sales tax. B) The final costs differ from the original bid due to the reduction of two bid items from the contract, which will be performed by City forces. C) The work is now complete and staff recommends acceptance of this work. 3(f) LINDA LOVIISA PARK C6-11-42-PRK 4 x PROJECT LOCATION BU DEN B Yj-�2� L-L ao !r InvJ o o �, '10 � i VICINITY MAP 1 � � RESOLUTION NO. � 1�p A RESOLUTION ACCEPTING WORK PERFORMED BY BIG D'S CONSTRUCTION, UNDER CONTRACT FOR THE LINDA LOVIISA PARK IMPROVEMENTS, PROJECT #C6-11-02-PRK. WHEREAS, the work performed by Big D's Construction, under contract for the Linda Loviisa Park Improvements, Project #C6-11-02-PRK, has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering recommendation and thereby accepts the work performed by Big D's Construction, under contract for the Linda Loviisa Park Improvements, Project 4C6- 11-02-PRK, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 21 st day of February, 2012, Matt Watkins Mayor ATTEST: APPROVED AS TO FORM., Debra L. Clark Leland B. Kerr City Clerk City Attorney GENERAL FUND OPERATING STATEMENT THROUGH JANUARY 2012 YTD 2012 % OF YTD TOTAL % OF 2012 ORIGINAL ANNUAL 2011 2011 TOTAL ACTUAL BUDGET BUDGET ACTUAL BUDGET ACTUAL REVENUE SOURCES: TAXES: PROPERTY 22,104 6,200,000 0.4% 47,921 6,000,000 0.8% SALES 688,653 8,265,000 83% 655,912 8,225,000 8.0% UTILITY 812,812 7,751,660 10.5% 721,581 7,560,000 9.5% OTHER 17,390 1,035,000 1.7% 179,043 1,015,000 17.6% LICENSES & PERMITS 269,298 1,093,700 24.6% 312,345 1,052,650 29.7% INTERGOV'T REVENUE 93,092 1,679,700 5.5% 105,474 1,632,200 6.5% CHARGES FOR SERVICES 335,138 4,531,330 7.4% 192,059 3,007,750 6.4% FINES & FORFEITS 60,845 977,200 6.2% 64,671 971,600 6.7% MISC. REVENUE 39,895 672,245 5.9% 50,756 634,200 8.0% OTHER FINANCING SOURCES 13,166 138,000 9.5% 10,833 100,000 10.8% TOTAL REVENUES 2,352,393 32,343,835 7.3% 2,340,595 30,198,400 7.8% BEGINNING FUND BALANCE 11,085,645 9,970,821 9,385,989 6,000,000 TOTAL SOURCES 13,438,038 42,314,656 31.8% 11,726,584 36,198,400 32.4% EXPENDITURES: fY COUNCIL 8,160 118,807 6.9% 7,277 118,040 6.2% MUNICIPAL COURT 90,664 1,335,634 6.8% 87,448 1,275,150 6.9% CITY MANAGER 68,101 951,034 7.2% 66,823 915,410 7.3% POLICE 705,890 11,449,715 62% 791,534 11,284,368 7.0% FIRE 324,402 4,164,541 7.8% 300,326 4,193,418 7.2% ADMIN & COMMUNITY SVCS 391,281 6,456,743 6.1% 309,697 5,595,700 5.5% COMMUNITY DEVELOPMENT 97,543 1,208,878 8.1% 71,770 1,101,400 6.5% ENGINEERING 100,147 1,514,469 6.6% 82,464 1,193,280 6,9% MISC. NON-DEPARTMENT 330,875 13,966,455 2.4% 637,206 9,372,872 6.8% LIBRARY 91,849 1,148,380 8.0% 98,798 1,148,880 8.6% TOTAL EXPENDITURES 2,208,912 42,314,655 5.2% 2,453,343 36,198,518 6.8% ENDING FUND BALANCE 11,229,126 9,970,821 9,273,241 6,000,000 TOTAL EXPEND&END FUND BAL 13,438,038 52,285,477 11,726,584 42,198,518 AVAILABLE CASH BALANCE 11,892,562 9,147,911 PERCENTAGE OF BUDGET ALLOCATED FOR 1 MONTH 8 c These statements are intended for Management use only, 6(b) AGENDA REPORT FOR: City Council February 14, 2012 TO: diary Crutchfi 4 i lanager Regular Mtg.: 2/21/12 Rick White, Community & Ec omic Development Director �I`J FROM: David 1. McDonald, City Planner SUBJECT: STREET VACATION (MF# VAC 2011-009) Portion of Maitland Avenue and "C" Street (Torres) 1. REFERENCE(S): 1. Vicinity Map 2. Proposed Ordinance 11. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: Conduct Public Hearing: 2/21: MOTION: I move to adopt Ordinance No. , an Ordinance vacating a portion of Maitland Avenue together with a portion of"C" Street and, further, to authorize publication by summary only. III. FISCAL IMPACT: NONE W. HISTORY AND FACTS BRIEF: A. The owners of properties abutting portions of Maitland Avenue and "C" Street signed a petitioned for the vacation of the east 10 feet of Maitland Avenue adjacent to Block 5, Steffns Amended Addition and the north and south 10 feet of "C" Street between Maitland Avenue and Lindsay Avenue. Two of the property owners have future plans to make improvements to their property. B. The City Council set February 21,2012 as the date to consider the vacation. V. DISCUSSION: A. The proposed street vacation has been reviewed by the Engineering Division and the utility providers. B. The Franklin County PUD has requested the retention of an easement in a portion of the Maitland Avenue right-of-way proposed for vacation and there is also a need for an easement for a water line that runs north and south in Maitland Avenue. 7(a) • "C" St Item: ROW Vacation: Maitland Vicinity • Torres Applicant: Ramiro ♦ Map File #: VAC 2011 -009 fires/+fS M - S• erg t. _ t i�r •y At lot WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3`d Pasco, WA 99301 ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF SOUTH MAITLAND AVENUE, AND A PORTION OF EAST"C"STREET. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City,the City Council may vacate right-of-way; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the east 10 feet of South Maitland Avenue from the south right-of-way line of East "B" Street to a point 10 feet south of the north right-of-way line of East"C" Street and the north 10 feet of East "C" Street from the west right-of-way line of South Lindsay Avenue to a point 10 feet west of the east right-of-way line of South Maitland Avenue together with the south 10 feet of East"C" Street from the east right-of-way line of South Lindsay Avenue to the east right-of-way line of South Maitland Avenue except that a 25 foot radius offset 10 feet west of the east right-of-way line of Maitland Avenue shall be retained at the northeast corner of South Maitland Avenue and East "C" Street, and a 25 foot radius shall be retained at the southeast corner of South Maitland Avenue and East "C" Street, as depicted in Exhibit"1" be and the same are hereby vacated, subject to the easements retained in Section 2 below. Section 2. That the City shall retain an easement and the right to exercise or grant easements with respect to all of vacated South Maitland Avenue described in Section 1 above and all of the vacated north 10 feet of"C" Street as described in Section 1 above, for the construction repair, and maintenance of public utilities and services. Section 3. That a certified copy of this ordinance be recorded by the City Cleric of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 4. This ordinance shall take full force and effect five (5) days after approval,passage and publication as required by law. PASSED by the City Council of the City of Pasco,this 215` day of February, 2012. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark,City Clerk Leland B. Kerr, City Attorney Exhibit Item: ROW Vacation: Maitland & "C" St #1 Applicant: Ramiro & Maria Torres x File #: VAC 201 1 -009 10:4-"B" ST W W o � J N F- 0 a J Areas Vacated AGENDA REPORT FOR: City Counci M, February 14, 2012 TO: Gary Crutchfie 4 1 anager Regular Mtg.: 2/21/12 1� V Rick White, Community & �conomic Development Director v 4 FROM: David I. McDonald, City Planner SUBJECT: STREET VACATION (MF# VAC 2011-006) Portion of Pueblo and Superior Streets and Utah, Nevada and Wyoming Avenues (Mickelson) I. REFERENCE(S): 1, Vicinity Map 2. Proposed Ordinance II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: Conduct Public Hearing: 2/21: MOTION: I move to adopt Ordinance No. , an Ordinance vacating a portion of Pueblo Street, Superior Street, Utah Avenue, Nevada Avenue and Wyoming Avenue and, further, to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. Kim Mickelson, the owner of a parcel of land in the 1100 block of Utah Avenue petitioned for the vacation of Pueblo Street between Utah Avenue and Nevada. Upon initial review of Mr. Mickelson's request the Council set a hearing to consider the vacation of all Pueblo Street east of Utah Avenue along with a portion of Nevada Avenue and Wyoming Avenue between Superior Street and Salt Lake Street. The proposed vacation also included a portion of the right-of- way along the margins of both Superior Street and Utah Avenue. B. The City Council set February 21, 2012 as the date to consider the vacation. V. DISCUSSION: A. The proposed vacation involves right-of-way abutting various parcels under three different ownerships. All three property owners were mailed a notice of the pending vacation hearing. No comments were received by staff regarding the proposed vacation. B. The proposed vacation has been reviewed by the Engineering Division and utility providers. An easement will be needed for a water line located in the west half of Wyoming Avenue. 7(b) Item: Street Vacation (Multiple) Vid"n'ty Applicant: ; Map File r VAC 2011 -006 A. 7'1, .1 1 lid imnt_9, IP a lop.F �.p 3` ••' o rr WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3`d Pasco,WA 99301 ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF PUEBLO STREET, SUPERIOR STREET, NEVADA AVENUE, WYOMING AVENUE AND UTAH AVENUE. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate right-of-way; and WHEREAS,all steps and procedures required by law to vacate said right-of-way have been duly taken and performed;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Pueblo Street east of the cast right-of-way line of Utah Avenue, Nevada Avenue between the north right-of-way line of Salt Lake Street and the south right-of-way line of Superior Street, all of Wyoming Avenue south of the south right-of-way Iine of Superior Street, the south 10 feet of Superior Street beginning at the west right-of-way line of Nevada Avenue tapering to 3.52 (plus or minus) feet at the west line of the Mesa Verde Subdivison and the east 10 feet of Utah Avenue from the north right-of-way line of Salt Lake Street to the north right-of-way line of Pueblo Street except that a 25 foot radius offset 10 feet south of the north right-of-way line of Salt Lake Street shall be maintained at the northeast corner of Utah Avenue and Salt Lake Street, as depicted in Exhibit "1" be and the same are hereby vacated, subject to the easements retained in Section 2 below. Section 2. That the City shall retain an easement and the right to exercise or grant easements with respect to the east 25 feet of the west half of vacated Wyoming Avenue, starting from the new south right-of-way line of superior Street as described above in Section 1 above, for the construction, repair and maintenance of public utilities and services. Section 3. That a certified copy of this ordinance he recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 4. This ordinance shall take full force and effect five(5)days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 2151 day of February, 2012. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney Exhibit Item• Street Vacation (Multiple) #1 Applicant: Kim Mickelson x File #: VAC 2011 -006 Areas Vacated ��� Iry $°� .o W w W m 80' S 70' 9 �7_e SS Q�j�ffi-' 74 � $Of a� NO NJ AGENDA REPORT FOR: City Council February 15, 2012 TO: Gary Crutchfi itylManager Regular Mtg.. 2/21/12 Rick White, NaLl Community& ono iic Development Director FROM: David I. McDonald, City Planner SUBJECT: COMPREHENSIVE PLAN AMENDMENT: Urban Or wj Areg, Basr, Maps and Adoption of Subarea Plans by Reference (MF#CPA 2011-001 I. REFERENCES 1. Proposed Resolution 2. Proposed Ordinance 3. Proposed Urban Growth Area Map* 4. Base Maps* 5. Comprehensive Plan Sections* 6. Staff Memo to the Planning Commission dated 1/19/12* 7. Planning Commission Minutes * *(References previously provide to the Council; copy available for public review in the Planning Office, the Pasco Library or on the City's webpage at htt /fwww. co- wa.goy/ci tycQuneilreports. I1. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 2121: MOTION for UGA Boundary: I move to approve Resolution No. identifying the Pasco City Council's preferred Urban Growth Area Boundaries. MOTION for Base Maps and additional Plans: I move to adopt Ordinance No. an Ordinance amending the Comprehensive Plan by updating base maps and adopting the Marine Terminal/Boat Basin Plan, the Pasco Bicycle and Pedestrian Master Plan and the Broadmoor Concept Plan by reference and, further, authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The Planning Commission concluded a series of public hearings in January dealing with various amendments to the Comprehensive Plan. Three of the proposed amendments involve minor modifications to the Urban Growth Area boundary, updating the base maps and incorporating the Marine Terminal/Boat Basin Plan, the Pasco Bicycle and Pedestrian Master Plan and the Broadmoor Concept Plan into the Comprehensive Plan by reference. The City Council adopted the Broadmoor Concept Plan as a development guide in 2009 and adopted the Marine Terminal/Boat Basin Plan for the same purpose in 2010. The Pasco Bicycle and Pedestrian Master Plan was adopted in 2011. 8(a) B. Following the hearing in January the PIanning Commission recommended the Pasco Urban Growth Area be modified as shown in the References provided at the February 13, 2012 Council workshop. The Planning Commission also recommended the base maps be updated and recently approved subarea plans be adopted by reference. V. DISCUSSION: A. The Growth Management Act requires the establishment of Urban Growth Areas (UGA) around all urban centers within Franklin County. The law does not permit cities to establish UGA's. The City can suggest or identify the preferred UGA but only the County can officially establish the boundary lines. B. The proposed modifications to the UGA involve three minor additions on the eastern edges of the community. A slight adjustment in the boundary is needed for the Tidewater Terminal on the Snake River. A small portion of the Tidewater facility is outside the current UGA boundary. Future annexations and the provision of municipal services will be problematic if the Tidewater property continues to be divided by the UGA boundary. The other two areas proposed for UGA boundary modifications include the old Devries Dairy site which was previously within the initial UGA boundary but later excluded by the County Commissioners because the dairy operations were at odds with the nature of the UGA and a 120 acre parcel south of Foster Wells Road along the east side of Capitol Ave. The City has spent several million dollars in the past few years improving streets and utilities near these areas to serve future industrial needs and to enhance system reliability. Some of the properties that could now benefit from this public investment cannot be served by the utility improvements because they are outside the UGA. Modifying the UGA will make it possible for these properties to connect to the City's utility system. C. The Growth Management Act requires consistency between the various planning documents prepared by the City. The proposal to include the Marine Terminal/Boat Basin Plan, the Bicycle and Pedestrian Master Plan and the Broadmoor Concept Plan within the Comprehensive Plan addresses the consistency requirement. D. The proposed Resolution will enable Staff to submit the UGA boundary modifications by the end of March to be available for the County's annual cycle for UGA boundary amendments. RESOLUTION NO. A RESOLUTION declaring the preferred Urban Growth Boundary for the City of Pasco. WHEREAS, the City of Pasco and Franklin County are planning under the State Growth Management Act of 1990 as amended; and WHEREAS, the Growth Management Act requires the establishment of Urban Growth areas around all urban centers in Franklin County; and, WHEREAS, the Pasco Urban Growth Boundary was last amended in September 2008; and, WHEREAS, the Growth Management Act permits the periodic review and amendment of the City's Comprehensive Plan provided the review and amendment does not occur more than once a year; and, WHEREAS, the designation of the Urban Growth Boundary is an integral part of the City's Comprehensive Planning effort; and, WHEREAS, goals of the Growth Management Act encourage development to occur in urban areas where adequate public facilities and services exist or can be provided in an efficient manner; and, WHEREAS, goals of the Growth Management Act encourage promotion of economic opportunity for all citizens of this state; and, WHEREAS, State law recognizes the City of Pasco as the most appropriate local governmental unit to provide urban governmental services, including water, sewer, police and fire service to lands within the Pasco Urban Growth Area; and, WHEREAS,the Pasco Planning Commission held a public hearing in October of 2011 followed by additional hearings in November 2011, December 2011 and a final hearing in January 2012 to consider changing conditions in the community that may warrant modifications to the City's Urban Growth Boundary and Comprehensive Plan; and, WHEREAS,the Pasco Planning Commission considered the fact that the current Urban Growth Boundary based primarily on the use of section lines or subsets of section lines dissects the Tidewater Barge Facility causing part of the facility to be outside the Urban Growth Boundary while most of the facility is located inside the Boundary; and, WHEREAS, the Pasco Planning Commission considered the fact the County previously included the old Devries Dairy in the Pasco Urban Growth Area boundary but in an effort to help the dairy expand the property was removed from the Urban Growth Area. The dairy has been relocated and the City is now in the process of installing a sewer lift station on property immediately adjacent to the Devries Dairy; and, WHEREAS, the City recently bored under SR-12, at a cost of$600,000, to place a large casing with four pipes under the freeway as the first phase of a multi-phase infrastructure project to provide utilities to current and future industrial users in and around the Lewis Street/Kahlotus Highway Interchange. Two million dollars of sewer improvements will be connected to the SR-12 casing in the next few years and an additional $800,000 will be devoted to water system improvements. The water system will aid in the future expansion of industrial processing and will provide fire protection that is currently lacking in the County east of SR-12; and, WHEREAS, during the past few years the City has invested two million dollars in improvements to the north end of Capitol Avenue. These investments included connecting Capital Avenue with East Foster Wells Road and installing all the necessary water and sewer lines to serve current and future industrial development needs in the area including the properties to the east of Capitol Avenue; and, WHEREAS, the UGA should include areas that will provide for a broad range of land uses including nonresidential uses. The broad range of land uses should include a "reasonable land market supply factor" to provide for a wide range of commercial and industrial development (RCW 36.70A.110); and, WHEREAS, the State Department of Natural Resources (DNR) owns 640 acres of land east of SR-395 that has a significant impact on the availability of land for industrial development purposes. The DNR property is essentially unavailable for future industrial development because the DNR will not sell property; and, WHEREAS, the Pasco City Council has determined the Pasco Urban Growth Area boundary must be expanded to permitted the City to properly plan for future growth as required by the Growth Management Act; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO- Section 1. That the boundaries identified in Exhibit "A" are the preferred boundary lines for the Pasco Urban Growth Area. The preferred boundary will provide for a reasonable land market factor for future commercial and industrial development and will complement urban infrastructure planning and development that has already occurred in the community. Section 2. That this resolution be forwarded to Franklin County for its due consideration of the City Council's position when the Franklin County Planning Commission and/or Franklin County Board of Commissioners determine whether or not to modify the Pasco Urban Growth Area during the 2012 Comprehensive Plan amendment cycle. Passed by the City Council of the City of Pasco this 21 st day of February, 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, CMC Leland B. Kerr, City Attorney City Clerk j Q N DIY � _ 0 a �S Legend Urban Growth Area Urban Growth Area rn x City Limits = ® Proposed UGA Changes NOf10E NOwMMUna�.•-•, ,-•,,7n.riamrta Ywo.r.s�leMee�p.., —.Ml,rA by r!k Aye[PS�Wopyw Mnuwl�—. C!y elr..o.ae.ss ..rol lr SY d rq�.f.y I.�q a IM wP�D— S 7w9 W bw. U".a VaO+�mgmr•,�„W ri.1d.m a k.r se wp iW 4b. ed.ol�n.e b,:.i.ea�d sy wm.ay��.,e.a.��6+lamR x ar. per.fk qww.na L.re.a wi'.a adsWSgS vy.tiaa 0 M W.W. vy d7.w iIf Id01S1tIM sq,.o<}SOy aYaY^^ddbwl.Pm YG01p. ORDINANCE NO. AN ORDINANCE amending the Comprehensive Plan to include the Marine Terminal/Boat Basin Plan, the Pasco Bicycle and Pedestrian Master Plan and the Broadmoor Concept Plan. WHEREAS, the Pasco City Council did on September 2, 2008 adopt by Ordinance No. 3866 a Comprehensive Plan for the City; and, WHEREAS, the Comprehensive Plan was intended to be a guide for development and may be reviewed annually, and, WHEREAS, the Planning Commission conducted a series of public hearings beginning on October 18, 2010 and ending on January 25, 2012; and, WHEREAS, following the January 25, 2012 hearing the Planning Commission recommended the City Council amend the Comprehensive Plan by updating base maps, including the land use map and by adopting by reference the Marine Terminal/Boat Basin Plan, the Pasco Bicycle and Pedestrian Master Plan and the Broadmoor Concept Plan; and, WHEREAS, the City Council finds the Planning Commission's recommendation will aid the City in anticipating orderly and coordinated development within the city, NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS; Section l.. Ordinance No. 3866 adopting the Comprehensive Plan is hereby amended to include updated base maps and the Marine Terminal/Boat Basin Plan, the Pasco Bicycle and Pedestrian Master Plan and the Broadmoor Concept Plan by reference as indicated in Exhibit "1" attached hereto. Section 2. This ordinance shall be in full force and effect after passage and publication as required by law. PASSED by the City Council of the City of Pasco this 21St day of February, 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney N ^ � ►a, � ..' � � Q .� c „� ,� a m � h-� `.•, $ � � y � � � � _ ,. � �' � � c � o j K A. A� � 1.. � � ^l �'�'j'; Wpb�p � � 4 � 'C ... � C � • O A •. 3 �. � ' �. o m x i~ .� � _ `� � � ! y � � i � �� tD � • �� ,, � d *� ,} . - �f ;~ s.1.r „�=, "Q011CMUCIlcy ?Vlan zpult - A concurrency management system is a regulatory process that establishes procedures to determine if public facilities have adequate capacity to accommodate a proposed development. The process uses criteria adopted and implemented in the municipal code. under the GMA, concurrency must be established for transportation facilities; however jurisdictions may establish concurrency for any public facility or service, The City of Pasco adopted Ordinance ## 3821 establishing concurrency procedures for transportation facilities in conjunction with new development. Sir Year Capitat Improvemennt Pin The Capital Improvement Plan (CIP) sets out the capital projects the city plans to undertake within the next six years to support implementation of the Comprehensive Plan. The six year schedule is up-dated annually, with the first year of the schedule acting as the capital budget for the current fiscal year. During the annual updating of the six-year schedule, cost estimates, and funding sources are updated and revised to reflect changed conditions or new information available to the city. The CIF and the twenty-year Capital Facility Plan should be revised to include additional projects that may be needed to maintain adopted levels of service. Pasco School District#I Ca vital Facilities Plan tic Sahoo.l i?isirigt Capital laacilitie5_elan sets forth the Districts educational Proiz m standards (l.eycl_.of Servicc) classroom sizes, core I?roga rns autd services ncccssgu for the cducati of childrep within !be District. The Plan also identifies the Capital Fa:c litics deeds to a � t�itc Micct studimi enrollment over next six finan e On widjyLhe Cavital Fatcilrtics= Plan inc udS1 bonds, 4tatc_rnatching ds and 50001 impact Pecs r1s methods ofraii sin g capital for cons:fauction of sPhanl_fiiciljtics. The T3istri t Capital Facilities Plan is included as a part of this Comtrrehcmiwe Plan in the Capital FAcilities ElenicrUt in Volume II. - Adm ill it Tr-aiiVe,fictions The Comprehensive Plan includes policies that should be carried out through administrative actions. These actions include developm ent review,development permitting, preparation of reports, making information available to the public, and review for concurrency. Development review practices must be continually monitored to ensure administrative function are consistent with and support the policies of the Comprehensive Plan. ,_So*re*Doctimeeotts The source documents primarily used as functional comprehensive plans for infrastructure and the six-year capital improvement plans are prepared routinely and updated annually as required for obtaining funding from the State. Ile individual capital improvement plans define projects and proposed funding for those projects required, first to rehabilitate existing facilities and secondly to provide level of service(LOS) capacity to accommodate new growth. Generally,the proposed new capacity,replacement and rehabilitation of capital facilities, and financing for the neat six years reflects the general planning goals and policies,as well as land use infrastructure requirements,identified in Pasco's longer-range planning documents. These dncwtt ents inellade: • The Transportation Element, and related regional and county transportation plans; • The Comprehens ive Park and Recreation Plan and Trails Plan; • Water,Sewer,and Stormwater Comprehensive Plans; and • Specific facility plans for infrastructure improvements and city- owned buildings. • Z4sRp School District No. 1 Caj)ital Facilities Plan Other source documents include, plans for schools,the irrigation district, the Benton-Frankbn Council of Governments Regional Transportation flan, the Columbia Basin Ground Water Management Area Plan, and other service providers. Supplemental Malls The Broardtttoor ConccV1 Flan ;2D¢9y e roarlttt nor Ca 1 n0 acres of l d north and. west of the Broad.moor/I-182 Interc}pan-,e. The coat of the Broadmoor Concept Plan is to pLovg dc a Morcktailed level of idanee for future develornent in the Broadmoor area than is provided for in the Coat ehensive Plan. The Broadsnoor Concept Plays (2009) and any subsequent amcndrncnts theretqlS do Py rt 0 f th is C:om PLghensivc P la by rc jtcc. Baj Ba�jn Marine Termgnall'lan i0141 The Boat Basin Marine rrninal Plan covers that .VoTUon of the City located Cop;Tal fa6blIes Eknr,en[ 22 S-QAt ', iasvworth Avouc bet een_the Cable Bridge and Osprey Pointe in the B.ig Port of Pasco. Dc goal of the Blraasirl� .Terxu�P lan i to provideamoredetailed1eveloF uidarle.cf€srfixturezedsveloprucntof the Marine Wirral-apd Boat Basin area than is royikd_for in the Comprehensive Plan. Thc._BsALI-as.in l+vlarine T=inal Plan 12010, I_ga mbscgucnl mniendmcnts O crelo is made part of this C gneMhensive Plan ft ireferenee. Pyule estrian [Vter Plan The Pasco Biacle & Pedcstrian Master [plan applies ci y-wide. 'Mc k-cy goal tP� s�o l .i }gale edec,�ianMasterPlan is tv provide a pricriliif. actioni plan for yYith bic c a langs and ppthwava. The Pasco Bigvcle& Pedestrian Master Plan mplaces The Bikeway Pign prcviousl� iuhided in the Comprehens ivePlan.IltePasco,B icycle&Pe do strian Master Plan 120111 and sms4uent amcndmcnts thereto is made part of#his Comachensiye Plan by rcfe:rcnce. Capitalfa+:ilititsElem m 23 7 ii Legend Low-Density Residential Commercial Mixed Residiential Industrial ® High-Density Residential �,� GovemmendPublic Mixed Residential/Commercial Open Space/Parks See® �' g Si Proposed UGA Changes Ma ineT�,3 - r Plan Land Use Maps Comprehensive Plan ..4_.,rr�.r_....,.. 2011 Update nM.��MY.��.r.rrarrl�r.rrr.rv-r A.. Vrti� �mrrti a gY.n.r.. r � , 0 • Legend 0 Urban Growth Area D City Limits Urban Growth Area ® Proposed UGA Changes bNNWT� An. Yraw�.. .way.Mw M�3�Mti.L..Ww��IntiJwwM1MJlu�tid (J �rar M�s��gr�wnJl T.Y�� 1w Yl`ti�M�rlvT W.rn.y rY-u...wW nr-.FW YM1.JI��i�I��ia•HwMF Y...... M•M k�M�Y nv++n-..M.F nw�..1�+..Y.F � r i Legend Airport Reserve Airport Reserve Urban Growth Boundary ® Proposed UGA Changes �_1iM`�F�C�naFaO MIS M.ww IYbaaF..�... tee!r ae�a.V M>•�.�r!K1�T . & , 1 , � 1 Legend —_ _ Parks JSchools Parks & Schools Urban Growth Boundary \ ® Proposed UGA Changes 4 macwn-,.vs.-..r.�ar-.r.•-. iiiiiiiiiiiiiiiiiiiii mill i '71 -- r - �-' r� w cam. Legend Resource Lands Urban Growth Boundary Resource Lands ® Proposed UGA Changes �Y _ �tiwMrar•MF��.�t�rte.�r w h�'��►ti'fMf.�i r+�ww�w y twy�+r.fr.�..a..erf+k.i.wr.wrlr....iri. .�i:YifMiiri�•r.arm+.w.w.....,..._..., U Legend Aquatic Wetlands/Riparian Areas Steep Slope Critical Areas Liquefaction Susceptibility 0 Urban Growth Boundary ® Proposed UGA Changes n<mca no wArtn,ttrivorncc��ancr re.�Wa,,sa..mue.roat.arvp++, menwf><��.q,�„car.arro.a.�na,plm<..,.adaowtua+u T�.anntr.,�da.,.a. y Aerld eoedaol Y vid.pmdas bQar�'n W'Gn[the fnf.DM.fw+.m ax mp.n.luJm6 Aa.11 bail d r,tl.fauna.of my PaRwY kwY, pcgp.plac h.run..sasl�fwrsm wwa may natcnq ad r..yarsyw urtxC+6nrke .Iwo+...N<4n t!e Cep of P.wo as iu.wifoy...x nfEaw.i.11 M f•.FM fai rfan.em aAo.\a•tm.y�.aar ror r�<N np<n..+rix V.v�id.d hud apm u�d w.p =N - Legend Aquatic - Wetlands/Riparian Areas Steep Slope Critical Areas Liquefaction Susceptibility Urban Growth Boundary 4- , ® Proposed UGA Changes NOTICP.:NO WARKANTY OF ACGIP.ACY.}k uf.vocu.o Yn�t..(M.n..�ed a.p ru #W rw...bv-Gn--(Farm.♦a em4—rd cmulunu TT,Orf.(Pw donna .s.wn 6.Ktn.ecy of r� -s-I-h-•t<."An P.—army 1prcup.I" 0—'d—d—u.&p—d-(•RIO M.A.,tY.W. Itawn-16c rap rcU, j !.t vol 1-61d m'k loon-d rY P"Wcn1' f.ay�pl.cf m.Su.�frmnl uf'a�ryaoleanaMf sn«wry.d m,a dfAe loerw +bv.a N.�ee.Inc Ci7 d Y.ccc rt iu rnpb7r<or cff.slvil!r lunie f«i[umaew ah.r.nr16rt o.(,ca f«.cyo rop—m p.o J� b—d ar.wd map Cal polo 40ME S E �WN ==�. 's: •� — !1814 11 • '�.- MINIM • 111 1!R OON - ... ,ffi 135 „_ ,3so, AEF Jim Al A ,may `, ti,f r 1470, , 144 ide r`_7 C 173 Il'�l � � u 1 .il I�. -._1 T 1� -L.-.. _ YJ��•�� li`�." �'. I I ,'1176 uy�. Legend L� Traffic Analysis Zones ``� ._ n2. Y .1n. Streets ` Urban Growth Boundary Traffic Analysis Zones ® Proposed UGA Changes i 1V YVI1gtq�nfflfT A.Mw�wr.-.�Mw..M.w ..1V+�tiYY�M�Y.N•N•MyYY M�.�bPn�`wry VMwJ4Y���.~�+w�rrw�awYi _ wrYi r.rr� wAw 4w.W..r.�. wgwwn Ms WY w�►�w►WY���jYM~M.w�i \^\7\\�\j - V 1. . - N - LIU IF ET� 0 Legend • Signalized Intersection • Non-City Signal �► Proposed Signal Traffic Control Devices \ Urban Growth Boundary ® Proposed UGA Changes \ \ .•.N•wwy v�Ir..i�.l�ww.�i�`•w .�'r�L.T V - -m IM" t M, M.77 eas / V "9 ilf nl� a�` 1f i- X11•—�AnitRi �r iilliR 'RpnRp— O-7_ �.1 1Estill V■ '�{b@-',. • .y��}`sC� I _d'.t,ni. C =, tiRRSiRRa � i1 "j �l L■ ._ iw-Q egm�O s��d lty ;MIZO■ �rr+tC { ec P. ygti�te�-a ..r * Qt 9i`i�� :as , V• a�i�isRt �C•6 J . � R s tUY:.n"� - ,fit y, it +p5" Q - tr.w.:.ni� °� � }_. e rim ;7 •�ll.l�V � dl,.;t:iilffl'-�-':-A�.3L Y t Uei��4�+EpA Legend _ 1890 to 1914 �i 1958 to 1967 r 1914 to 1922 1967 to 1989 '"°- 19221o1934 1989 to 2008 Housing by Year of Permit 1934 to 1943 Urban Growth Boundary 1943 to 1958 ® Proposed UGA Changes �• ; MEN= V AGENDA REPORT FOR: City Council ^3 February 15, 2012 TO: Gary Crutchfie :, i y Manager Regular Mtg.: 2/21/12 Rick White, Community and!Economic Development Director FROM: Dave McDonald, City Planner SUBJECT: COMPREHENSIVE PLAN AMENDMENT: Pasco School District Capital Facilities (MF#CPA 2011-001) I. REFERENCE(S): 1. Proposed Ordinance 2. School District Letter dated 1/11/2011* 3. School District Capital Facilities Plan 2011-2017* 4. Memo to the City Manager* 5. Staff Memos to the Planning Commission* 6. Proposed Comprehensive Plan Amendments* 7. Planning Commission Minutes` 8. Public Correspondence* *(References previously provided to Council; copy available for public review in the Planning Office, the Pasco Library or on the City's webpage at http://www.pascowa.r ov/ citye4uncilreports. I1. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 2/21: MOTION: I move to adopt Ordinance No. , an Ordinance amending the Comprehensive Plan by adopting the 2011- 2017 Pasco School District Capital Facilities Plan by reference and, further, authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. In January of 2011 the Pasco School District informed the City Council that the District no longer had the capacity to accommodate increased student enrollment due do residential growth in the community. During the 10 year period between 2000 and 2010 the District's enrollment increased by 71%, an average of 620 students per year, enough to fill a new elementary school every year. B. At the time the School District informed the City there was no space in its schools to serve additional students the District asked both the City and County to consider including the District's Capital Facilities Plan within their Comprehensive Plan and adopt a school impact fee. C. Without adoption of the District's Capital Facilities Plan and implementation of a school impact fee the School District asked the City and County to deny approval of new residential developments unless developers provided mitigation for the impacts imposed on the School District. D. In response to the School District's request the Planning Commission held a series of public hearings beginning in October of 2011 culminating in January 2012 with a recommendation that the City Council include the District's Capital Facilities Plan in the City's Comprehensive Plan and that a school impact fee ordinance be adopted. 8(b) V. DISCUSSION: A. Under State Iaw (RCW 58.1.7.110) the City is prohibited from approving preliminary plats or most multi-family projects unless written findings indicate adequate provisions have been made for public facilities including schools. Without the necessary written findings indicating provisions have been made for schools the City cannot approve a preliminary plat or development project. The School District has indicated that adequate provisions for schools could come in the form of mitigation through the dedication of property for school sites, construction of school facilities (portables) or payment for costs incurred by the District to accommodate new growth. B. The School District is at its physical and funding capacity limits for new classroom space and while mitigation through the SEPA process as discussed above will address the requirements of RCW 58.17.110, the District would prefer developers mitigate impacts to the schools through payment of a school impact fee as recommended by the Planning Commission. C. The current system for reviewing new development through the SEPA process creates a great deal of uncertainty and inequity in the development process. Essentially RCW 58.17.110 is creating a moratorium on new development since the law does not permit the City to approve new subdivisions when the School District does not have the capacity to accommodate new students. This results in an inequity between existing lots and Iots created through new plats. New subdivisions therefore would be paying a higher share of the costs of providing school facilities while development on existing lots make no contribution to the provision for schools. Hence the preference for an impact fee that would apply equally to all development that impacts the school system. D. The referenced attachments provide further discussion and explanation of the difficult position both the School District and the community face in providing for the educational needs of the ever increasing numbers of school aged children in the community. ORDINANCE NO. AN ORDINANCE amending the Comprehensive Plan to include the Pasco School District Capital Facilities Plan. WHEREAS, the Pasco City Council did on September 2, 2008 adopt by Ordinance No. 3866 a Comprehensive Plan for the City; and, WHEREAS, the Comprehensive Plan was intended to be a guide for development and may be reviewed annually; and, WHEREAS, the Planning Commission conducted a series of public hearings beginning on October 18, 2010 and ending on January 25, 2012; and, WHEREAS, following the January 25, 2012 hearing the Planning Commission recommended the City Council amended the Comprehensive Plan by adopting by reference the 2011-2017 Pasco School District Capital Facilities Plan; and, WHEREAS, the City Council finds the Planning Commission's recommendation will aid the City in anticipating orderly and coordinated development within the city; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. Ordinance No. 3866 adopting the Comprehensive PIan is hereby amended to include the 2011-2017 Pasco School District Capital Facilities Plan by reference as indicated in Exhibit "1" attached hereto. Section 3. This ordinance shall be in full force and effect after passage and publication as required by law. PASSED by the City Council of the City of Pasco this 21St day of February, 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney EXHIBIT 1 PASCO SCHOOL DISTRICT NO. 1 CAPITAL FACILITIES PLAN 2011 - 2017 BOARD OF DIRECTORS Sherry Lancon, President William Leggett, Vice President Jeffery Dong, Member Ruben Peralta, Member Ryan Brault, Member SUPERINTENDENT Saundra L. Hill ASSISTANT SUPERINTENDENT OF OPERATIONS John Morgan Adopted by the Pasco School Board December 13, 2011 Pasco School District Capital Facilities Plan Page 1 of 21 November 2011 SECTION I INTRODUCTION A. Purpose of the Capital Facilities Plan Washington land use and environmental laws include schools in the category of public facilities and services for which cities and counties must plan. When new development places demands on schools, cities, counties and developers must ensure school facilities are adequate to accommodate the additional demands. School districts adopt capital facilities plans to assist counties and cities to address legal requirements to ensure adequate school facilities will exist to serve new development. The capital facility plans identify school facilities that are necessary to meet the educational needs of the growing student populations. The Pasco School District has prepared this Capital Facilities Plan (the "CFP") to provide the community, Franklin County, the City of Pasco and the developers information regarding the District's facilities and forecast needs for the next six years (2011-2017). In accordance with capital facilities planning under the Growth Management Act, this CFP contains the following elements: • The District's standard of service or educational program standards which is based on program year, class size by grade span, number of classrooms, types of facilities and other factors identified by the District. • An inventory of existing capital facilities owned by the District, showing the locations and capacities of the facilities, based on the District's standard of service. • Future enrollment forecasts for elementary, middle, and high schools. • A forecast of the future needs for capital facilities and school sites based on the District's enrollment projections, • The proposed capacities of expanded or new capital facilities over the next six years based on the inventory of existing facilities and the standard of service. • The cost for needed facilities and the plan for financing capital facilities within projected funding capacities. • A school impact fee calculation identifying the amount single-family and multi-family developers should pay to mitigate the impacts new construction of single-family and multi-family homes has on the District. Pasco School District Capital Facilities Plan Page 2 of 21 November 2011 B. Overview of the Pasco School District The Pasco School District serves students in the City of Pasco and in unincorporated Franklin County, The Pasco community is experiencing accelerated growth and has experienced significant growth for the past fifteen years. Pasco is near six other school districts: North Franklin, Star, Columbia, Finley, Kennewick, and Richland. The District serves over 15,600 students. The District currently has one (1) early learning center, seven (7) elementary schools serving K-5, four (4) elementary schools serving grades 1-5, three (3) middle schools serving grades 6-8. two (2) high schools serving grades 9-12 and one alternative middle/high school serving grades 6-12. The District also has 171 portable classrooms that provide capacity for 4,275 students. The most significant issues facing the District in terms of providing classroom capacity to accommodate existing and projected demands follow. • K-12 facility needs have been projected for the short and long term. Presently, the elementary and middle schools are housing students in excess of capacity. Providing the educational programs that are either required by the state and federal government, or that are desired by the public for quality education, requires additional facility space. For example, to provide for the visual and performing arts programs the District must find additional facility space that can accommodate music instruction without interrupting general education classrooms. • The District is expected to experience significant growth in Franklin County. Over 2000 residential lots have been previously approved by the City of Pasco without school capacity mitigation remain vacant and the market continues to consume them at the rate of over 400 per year. Developers continue to approach the City for additional new residential development, which is subject to SEPA mitigation. This continued growth is of concern in light of the overcrowding and inadequate capacity at the existing schools. • The District must obtain a super majority vote (60% yes votes) to secure the funds that are necessary to build new schools. The most recent bond to address current needs failed with just a 48% yes vote. • Assessed property values in Franklin County are relatively low, which limits the district's bonding capacity and increases the tax burden on district patrons, Pasco's per pupil AV in 2009-10 was $311,000 placing Pasco 2715 out of the 295 districts, the largest district in the bottom 25, The majority of this assessed value is in residential property with a Pasco School District Capital Facilities Plan Page 3 of 21 November 2011 serious lack of commercial and industrial value. This makes it more difficult to obtain the voters' approval on bond measures. There is a shortage of large parcels that are suitable as school sites and as growth continues to occur there will be fewer suitable sites to acquire at prices the District's taxpayers will support in the locations where the largest growth is occurring. • The prolonged and significant growth in the District has resulted in enrollment that significantly exceeds capacity in the school facilities. The District, out of necessity, must look at less desirable methods of providing education such as Multi Track Year Round Education, double shifting and other solutions that create a subpar learning environment, The District also has to increase the number of students that are served in portables beyond generally acceptable levels that strain and exhaust the school's infrastructure or lease and renovate facilities never intended for serving children as schools. These approaches to providing more capacity to serve students may be implemented on a short term and temporary basis until measures can be taken to permanently increase capacity in the schools. SECTION 2 DISTRICT EDUCATIONAL_ PROGRAM STANDARDS School facility and student capacity needs are dictated by the types and amounts of space required to accommodate the District's adopted educational program. The role that quality education plays in growing a strong local economy is vital. In order to accomplish the community value of having a strong local economy, schools must have quality facilities. These facilities serve as the supporting space for developing the whole child within a community to prepare them for a competitive global economy. The educational program standards which typically drive needs for educational space for students include grade configuration, optimum facility size, class size, educational program offerings, supplemental program offerings, specialty spaces, classroom utilization and scheduling requirements. On October 11, 2011, the Pasco School Board voted to adjust the elementary schools' configuration from a K-5 model to a K-6 model in order to serve the enrollment growth at a reduced per pupil cost to Pasco taxpayers. This shift delays the need for a middle school but increases the need for additional elementary schools. The per pupil cost for elementary schools is significantly less than the cost for a middle school. While the District is exploring and may implement Multi Track Year Round Education, double shifting, changes to service area boundaries, Increased use of portables and/or use of leased facilities, these measures are temporary. They are not the preferred or permanent standard of service. Pasco School District Capital Facilities Plan Page 4 of 21 November 2011 In addition to student population, other factors such as collective bargaining agreements, government mandates, 'and community expectations affect classroom space requirements. Space is necessary for regular classrooms, the fine and performing arts, physical education, special education, Highly Capable, English as a Second Language (ESL), technological applications, computer labs, preschool and daycare programs, and other specialized programs, Space must be provided for common areas such as media centers, gyms, cafeterias, kitchens, and auditoriums. Space is needed for groups of students and employees to work together. These programs can have a significant impact on the available student capacity within school facilities. Further, the community expects all spaces to be well utilized during the school day and available after the school day for public use. A. District Educational Program Standards: Core program includes the following: • Core classroom space for all curriculum areas which includes space for group learning, direct instruction, and individual student work to meet the rigors set forth in state standards. • Science classroom space that supports advanced coursework (including water, sinks, gas, fume hoods, and safety equipment), Students must achieve rigorous state-mandated science standards. This requires specialty space that is not met by adding portables. High school and middle school science lab space is a high priority. • Physical education space is needed for students to meet rigorous health and fitness standards. This includes covered areas, fields, gymnasiums, and other multi-use spaces. • Technological competency is expected for all students. Space must be allocated for technological equipment and applications in classrooms and specialty spaces. Space must also be provided for state assessments required to be administered to every student on a computer. Square footage for this equipment and its infrastructure is not calculated in current state allowances, yet must be provided. • Art, music, and theatre arts spaces are critical to the core program for students. Spaces are necessary to adequately meet the rigorous standards of these state required programs and programs that are local priorities. The visual and performing arts programs for students are a high priority for the Pasco community and adequate space needs to be provided. • Library/media services (research, technology, collaboration) and space must be provided for students to achieve the rigors in the core program. In an information-driven environment, student access to information through appropriately sized library/media spaces is essential. • Extra-curricular activities need adequate space in order to safely support program activities. Special programs are essential to meet the needs of special populations. Pasco School District Capital Facilities Plan Page 5 of 21 November 2011 • Special Education services are delivered at each of the schools within the District. Program standards and services vary based on the disabling conditions of the students and their Individual Education Plans (IEP). Implementing each student's IEP requires large and small specialty spaces, which the District must provide. Program standards change as a result of various external or internal influences. External influences include changing federal mandates, funding changes, and the introduction of new technological applications which meet the needs of students. Internal influences include modifications to the program year, class size, grade configurations, and facility changes. For example, some students require significant equipment from wheel chairs to specialized equipment for toileting. Others need room specially designed and equipped for security. • Special populations receive special support. Specialty space is essential to delivery of this support. Federal and state programs, including Title VLAP Reading and Math and Highly Capable, provide limited funding and do not legally allow for the expense of adding facilities to support them. • Early childhood programs for special needs students are legally mandated, essential educational programs to develop early childhood literacy skills and are vital to the community. These programs require specialty space which is not funded by the state. • Supplementary services in core academic areas (tutoring, on-line learning) and providing multiple pathways to prepare students for a broader range of post- secondary learning opportunities require additional spaces that have not been calculated in current state square footage allowance formulas. Support services are often overlooked services and are essential to a quality educational program. • Food delivery, storage, preparation, and service require spaces that are specially designed and equipped also need specific attention, As student populations increase, adequately calculating space needs for this core service is crucial to the overall planning of the facility. Adequacy in planning for this space has significant impacts on the overall learning environment for students if not done appropriately. • Transportation support centers are required to handle growing transportation needs. • Maintenance and administrative support facilities must also be considered and are often overlooked as core support services. • Space for legally-mandated records retention must also be provided, • State-approved secured space must be provided for high stakes state assessment materials. B. Elementary Educational Program Standards The District educational program standards, which directly affect school capacity, include: • Class sizes for grades K-1 are targeted not to exceed 25 students per class. • Class sizes for grades 2-6 are targeted not to exceed 29 students per class. Pasco School District Capital Facilities Plan Page 6 of 21 November 2011 • Music, which includes both strings and band instruction along with general music, will be provided in separate classrooms. • Physical education instruction must be provided in a full size area. • Some special education services are provided in a self-contained classroom for some children, while others need highly specialized services. This means that some special education classes have much smaller class sizes than general education classes, based on the individual needs of the students. • Title I and LAP programs may require specialized areas. • All elementary schools will have a library/media resource center, which includes space for a technology lab. • A sufficient number of computer labs will be available and must be provided for state-mandated testing for all students. • A specialized science lab for grades 4-6 will be available. C. Middle and High School Program Standards The District education program's standards, which directly affect middle school and high school capacity include; • Class sizes for 6th grade are not to exceed 29 students per class. • Class sizes for grades 7-8 are not to exceed 32 students per class or 155 students per day. • Class sizes for high school grades 9-12 are not to exceed 32 students or 155 students per day. • The middle and high school classroom utilization standard is set at a factor of 85% (based on a regular school day) due to the need to provide planning and teaming periods. 0 Special education services are provided in a self-contained classroom for some children, while others need highly specialized spaces. Students will also be provided other programs in classrooms or specialty classrooms, such as computer labs, individual and large group study rooms, practice labs and production rooms. • Each school will have an adequate Library/Media Center. • Career and Technical Education requires specialized spaces suited to the curriculum. SECTION 3 CAPITAL FACILITIES INVENTORY The facilities inventory serves to establish a baseline for determining the facilities necessary to accommodate future demand (student enrollment) at acceptable levels of service. This section provides an inventory of capital facilities owned and operated by the District including schools, portables, undeveloped land and support facilities. School facility capacity was inventoried based on the space required to accommodate the District's educational program standards. The capacity does not include temporary capacity that may be provided through alternative delivery methods, like Multi Track Year Round Education, double shifting, excessive use of portables or use of leased facilities. Pasco School District Capital Facilities Plan Page 7 of 21 November 2011 A. Schools The District currently maintains one (1) early learning center, seven (7) elementary schools serving K-5, four (4) elementary schools serving grades 1-5, three (3) middle schools serving grades 6-8, two (2) high schools serving grades 9-12. The District also operates an alternative program for middle and high school students in portable facilities. Based on the October 11, 2011 action of the Pasco School Board, the elementary configuration will be changed to include sixth grade, if necessary, for the purposes of reducing the cost of new school construction for Pasco taxpayers. School capacity is based on the number of teaching stations within each building and the space requirements of the District's current educational programs This capacity calculation is used to establish the District's baseline capacity, and to determine future capacity needs based on projected student enrollment. The District believes educational programs are best delivered in brick and mortar facilities. However, the prolonged and significant rate of growth, and the state funding policy of not providing state match until there are unhoused students, requires use of portables. In light of this, the District plans to house some elementary, middle and high school population permanently in portables. The number of portables counted as permanent capacity varies by building and is calculated based upon the reasonable maximum each building's infrastructure can accommodate to provide all the components of an adequate educational program, which include the ability to meet health and fitness requirements, to feed students, to provide for adequate music, band and orchestra instruction, to host the minimal amount of parent and family programs, to provide for safety in the pickup and drop off of students as well as provide classroom space. The portable classrooms housing more students than the amount determined maximally reasonable for each school are deemed to provide temporary capacity and are not included in the district's permanent capacity calculations. The school capacity inventory is summarized in Tables 1 , 2, and 3. Pasco School District Capital Facilities Plan Page 8 of 21 November 2011 Table 1 — Elementary School Brick and Mortar Inventory Early Learning Location Yr Built/ Acres Bldg Area Teaching Brick & Center Remodel sq ft Stations* Mortar Capacity Ca tain Gray K*'r 1102 N. 10 Ave 1986 8.6 47,478 22 484 Elementary Schools K-5 _ Edwin Markham 4031 Elm Rd 1962/1984 12 34,898 13 312 James McGee i 4601 N Horizon Dr 1981 14 44,774 20 480 Mark Twain _ _ 1801 Road 40 1953/1999 15 52,725_ _ 18 432 Maya An elou 6001 Road 84 2004 13 59,630 27 648 Ruth Livingston 2515 Road 84 1977 14 44,717 20 480 Whittier_ 616 N Wehe Ave_ 1998 16 46,845 19 456 Vir ie Robinson 125 S Wehe Ave 2005 13 59,630 24 576 1 Elementary Schools _ 1-5 Emerson 1616 W Octave St 1997 8.6 46,845 22 528 Longfellow 301 N 10`'Ave 1989 6 44,325 20 480 Robert Frost 1915 N 22" Ave 1997 10.6 46,845 20 480 Rowena Chess 715 N 24 Ave 2000 11 49,360 23 552 TOTAL 578,072 248 5,908 Table 2 — Middle School Brick and Mortar Inventory Middle Schools Location Yr Built/ Acres Bldg Area Teaching Brick & (6-8) Remodel sq ft Stations* Mortar Capacity*** Ellen Ochoa 1801 E Sheppard St 2002 36 115,029 30 637 McLoughlin 2803 Road 88 1982 30 133,161 37 787 Stevens 1120 N 22" Ave 1960/1984/ 12.7 91,934 28 595 2005 TOTAL 340,124 95 2,019 Table 3—High School Brick and Mortar Inventory High Schools Location Yr Built/ Acres Bldg Area Teaching Brick & (9-12) Remodel sq ft Stations* Mortar C a aci ' Pasco High School 1108 N 10 Avenue 1953/1972/ 34 255,992 65 1,827 1993/2005 Chiawana HS 8125 W. Anent 2009 80 1 337,703 1 102 2,167 New Horizons 3110 Ar ent Road All inventory in portables TOTAL 1 593,695 1 188 3,994 Pasco School District Capital Facilities Plan Page 9 of 21 November 2011 * The elementary capacity was calculated on 24 students to each teaching station using the state's calculation of number of teaching stations per school, realizing some teaching stations serve substantially fewer and others substantially more than 24. Rooms such as music rooms, special education rooms, LAP rooms, library, computer labs and science rooms, advanced placement rooms, and similar rooms that are used for special programs have been included in the number of teaching stations reported above. However, there are 35 teaching stations that are used to deliver special programs in the elementary schools, which cannot be used to serve the standard class size of 25 to 29 students. There are 29 teaching stations that are used to deliver special programs in the middle schools, which cannot be used to serve the standard class size of 29 to 32 students. There are 9 teaching stations that are used to deliver special programs in the high schools, which cannot be used to serve the standard class size of 32 students. The number of teaching stations in this chart excludes portables. **Captain Gray Early Learning Center was calculated using 22 students per teaching station. ***Permanent capacity for secondary schools is calculated by multiplying the number of teaching stations times the students per classroom defined in the educational standards, times the 85% efficiency factor. The efficiency factor recognizes the time teaching stations are not used due to circumstances such as teacher planning periods. B. Portables Portables are used to house students until growth slows to a more manageable level and until funding can be secured to construct permanent facilities. Because of the prolonged and significant rate of growth in the District, students may be permanently served in portables. To the extent the District is unable to accommodate enrollment in brick and mortar facilities and the limited number of permanent portables, additional portables may be used to provide temporary capacity. The inventory of portables identities the facilities that are used as regular teaching stations, special programs and other educational purposes. Also noted is the number of portables that are providing permanent capacity. Table 4 — Portables Inventory School Portable School Portable Classrooms Classrooms ElementaEy Elementary Edwin Markham 3 Robert Frost 5 Emerson 1 Vir ie Robinson 6 James McGee" 14 Rower@ Chess 5 Longfellow 4 Ruth Livingston 13 Mark Twain 8 Whittier 9 Maya Angelcu 6 Captain Gray 6 Total Elam 8o* *To serve approximately 1517 of the enrolled elementary students in portables, 63 of the 80 portable classrooms provide permanent capacity, Portable classrooms that are needed to serve more than the 1517 students are considered temporary housing, ** McGee has one double portable (2 classrooms) that are not full size classrooms and are not suitable for general education classes, thus limiting their use. Pasco School District Capital Facilities Plan Page 10 of 21 November 2011 Schoof� Pbrtable School Po' '0116, classrooms Middle Hi h Ellen Ochoa 8 Pasco High 25 McLou hlin �26 New Horizons 16 Stevens i _ Total High I 41 Total Middle 48" ** To serve approximately 575 of the enrolled middle school students in portables, 20 of the 48 portable classrooms provide permanent capacity. Portables that are needed to serve the remaining enrolled middle school students are temporary capacity. ***All the portable classrooms currently at the high schools are deemed to provide permanent capacity. C. Support Facilities In addition to schools, the District owns and operates facilities that provide operational support functions to the schools. An inventory of these facilities is provided in Table 5, Table 5 - Support Facility Inventory Facility Location Building Area —sq ft Booth Bldg / District Office 1215 W Lewis Street 55,000 Building 210 / M & O 3412 W Stearman Avenue 28,000 D. Land Inventory Table 6 -- Unimproved Parcels Owned by the District Parcel Location Area—Acres Notes Roads 48/52 21.93 Acres Potential elem or ELC site Fre 's Addition/Block 18 1.88 acres N California St. .32 acres Rd 60/Sandifur 8 acres Elementary site Rd 52/Povverline 41 acres Middle School site N California/Spokane St 6.25 acres Adjacent to Whittier Henry St. between 22124 1.9 acres Adjacent to Stevens Pasco School District Capital Facilities Plan Page 11 of 21 November 2011 SECTION 4 STUDENT ENROLLMENT PROJECTIONS A. Projected Student Enrollment The District's enrollment projections are based on an estimate by the Office of the Superintendent of Public Instruction (OSPI). OSPI estimates future enrollment for all Washington State school districts. OSPf uses a modified cohort survival methodology to forecast future enrollment. This methodology estimates how many students in one year will attend the next grade the following year by looking at historical data. The methodology also forecast how many new kindergarten students will enroll based on the number of live births in the county and historical averages for the number of children that enter kindergarten relative to the number of live births. The enrollment forecast is more accurate in the earlier years and less accurate in later years. The adjusted forecast is released annually in November. TABLE 7- ENROLLMENT FORECAST WITH K-5 CONFIGURATION Grade 2011 2012 2013 2014 2015 2016 2017 K 1,408 1,471 1,534 1,597 1,660 1,723 1,788 1 1,428 1,485 1,552 1,618 1,685 1,751 1,817 2 1,371 1,470 1,528 1,597 1,665 1,734 1,802 3 1,385 1,407 1,508 1,568 1,638 1,708 1,779 4 1,235 1,423 1,445 1,549 1,611 1,683 1,755 5 1,298 1,252 1,442 1,465 1,570 1,633 1,706 Total Elem 8,125 8,508 9,009 9,394 9,829 10,232 10,647 7,971* 1 6 1,186 1,317 1,270 1,463 1,486 1,593 1 ,657 7 1,189 1,212 1,346 1,298 1,495 1,518 1,627 8 1,189 1,210 1,233 1,370 1,321 1,521 1,544 Total Mid 3,564 3,739 3,849 4,131 4,302 4,632 4,829 3,498* 9 1,520 1,697 1,727 1,760 1,965 1,886 2,172 10 1,013 1,063 1,187 1,208 1,231 1,368 1,313 11 865 838 879 982 999 1,108 1,131 12 757 787 762 800 894 909 926 Total High 4,155 4,385 4,555 4,750 5,089 5,181 5,542 4164* TOTAL 15,844 16,632 17,413 18,275 19,220 20,045 21,017 15,633* Reflects the actual student enrollment for October 1, 2011, The updated OSPI forecast will not be available until the end of November 2011. Pasco School District Capital Facilities Plan Page 12 of 21 November 2011 The Multi Track Year Round Task Force recommended that sixth grade become a part of the elementary schools, thereby decreasing a need for middle school space and increasing the need for elementary schools which saves the taxpayers the higher cost of building a new middle school. The board approved the configuration change on October 11, 2011. The projections using the new configuration follow in Table 8. TABLE a -ENROLLMENT FORECAST WITH K-6 CONFIGURATION Grade 2011 2012 2013 2014 2015 2016 2017 K 1,408 1,471 1,534 1,597 1,660 1,723 1,788 1 1,428 1,485 1,552 1,618 1,685 1,751 1,817 2 1,371 1,470 1,528 1,597 1,665 1,734 1,802 3 1,385 1 1,407 1,508 1,568 1,638 1,708 1,779 4 1,235 1,423 1,445 1,549 1,611 1,683 1,755 5 1,298 1,252 1,442 1,465 1,570 1,633 1,706 6 1,186 1,317 1,270 1,463 1,486 1,593 1,657 Total 9,311 9,825 10,279 10,857 11,315 11,825 12,304 Elem 9,147* 7 1,189 1,212 1,346 1,298 1,495 1,5181 1,627 8 1,189 1,210 1,233 1,370 1,321 1,521 1,544 Total 2,378 2,422 2,579 2,668 2,816 3,039 3,171 Mid 2,322* 9 1,520 1,697 1,727 1,760 1,965 1,886 2,172 10 1,013 1,063 1,187 1,208 1,231 1,368 1,313 11 865 838 879 982 999 1,108 1,131 12 757 787 762 800 894 909 926 Total 4,155 4,385 4,555 4,750 5,089 5,271 5,542 High 4,164* TOTAL 15,844 16,632 17,413 18,275 19,220 20,045 21,017 15 633* * Reflects the actual student enrollment for October 1, 2011. The updated OSPI forecast will not be available until the end of November 2011. SECTION 5 CAPITAL FACILITIES NEEDS A. Facility Needs Facility needs are derived by subtracting existing capacity from the existing and forecast enrollment. The District's current capacity, its educational programs, standard of service and enrollment forecast are used to determine its facility needs. Existing needs are derived by subtracting the current capacity from the students that are currently enrolled. The six year needs equal the forecast enrollment in Pasco School District Capital Facifities Plan Page 13 of 21 November 2011 2017 minus the existing capacity, or the current needs plus the needs to serve increased student enrollment attributed to growth. As shown in Table 9 below, by 2017 in a K-6 elementary configuration, the district needs to add capacity to serve 4879 elementary school students, 221 middle school students and 749 high school students. Table 9 — Enrollment, Capacity and Needs Needs Current Current 2017 Remaining Needs Brick& Permanent Total 2017 Projected after Remaining Facilities Mortar Portable Current Projected Facility Phase 2 after Capacity Capacity Capacity* Enrollment Deeds Brick & Phase 2 Mortar Portables Additions Elementary 5,908 1,517 7,425 12,304 4,879 1,279 559 (K-6) Middle (7-8) 2,019 575 2,594 3,171 577 577 577 High (9-12) 3,994 799 4,793 5,542 749 0 0 Totals 11,921 2,891 14,811 21,017 6,205 1856 1,136** *Current capacity equals capacity in the brick and mortar facilities reflected in the inventory of facilities, plus permanent portable capacity, to the maximum extent possible yet able to maintain an optimal educational environment within each school's infrastructure limitations. **Capacity to house the projected remaining 1,136 unhoused students is not included in either Phase one or two to account for what may be an overestimate by OSPI of Pasco's growth by 2017. Because this document must be updated every two years, the enrollment projections will be updated based on real enrollment numbers. To serve the projected 21,017 students in-2017, the District needs to restructure its grade configuration to become K-6 elementary schools and 7-8 middle schools. This postpones the need to construct another middle school for about six years but creates the need to construct five schools serving elementary students, which could be four 750-student elementary schools and one 600 student early learning center serving half day kindergarteners. It must also add portables at the elementary schools and add capacity at the high school level. The District's current permanent facility needs are for 1722 K-6 elementary students (Current K-6 enrollment at 9147 minus permanent capacity of 7425). Reconfiguring the grade levels provides for adequate middle school capacity by using both brick and mortar and permanent portable capacity at reasonable maximum levels until at Pasco School District Capital Facilities Plan Page 14 of 21 November 201 1 least 2016, This was calculated using the October 2011 state count of students who are actually enrolled and attending Pasco Schools then subtracting the total capacity. B. Planned Improvements To serve the forecast growth, the District will construct needed facilities in phases. In the first phase, the District will construct two 750-student elementary schools, one early learning center and add portables. An early learning center is recommended for two reasons. First, since it would be designed for kindergarten needs, the cost per square foot is less. Second, an early learning center allows for the whole school to focus solely on the needs of the young learner and provides an enriched educational experience. The District will also make facility improvements needed to maintain current facilities adequately to serve existing students. While the Phase 1 improvements are being constructed, the District will start working on financing and plans to construct two additional 750-student elementary schools, add capacity at the high schools and add additional portable classrooms at the new elementary schools as needed. The additional capacity and costs for the planned improvements is shown in Table 10. Table 10—Added Facility Capacity and Costs Needed Facility Improvements Additional Capacity Total Cost PHASE 1 New Elementary School#13 750' $23,827,071 New Elementary School#14 750 $27,044,006 New Early Learning Center 600"" $20,717,573 Facility Site Needs 0 $5,100,000 Structural Needs 0 $525,000 HVAC Needs 0 $1,500,000 Energy Efficiencies 0 $700,000 144 Elem**' Portables 150 HS $1,350,000 300 Total Costs $80,763,650 PHASE 2 New Elementary School #15 750 $27,044,006'" New Elementary School #16 750 $27,044,006 CHS Expansion 600""" $5,600,000... Portables 576 Elem`" $2,700,000 Total $62,388,012 Pasco School District Capital Facilities Plan Page 15 of 21 November 2011 * This amount is less than the other elementary schools because the district already owns the land and has already completed much of the architectural and engineering work in preparation for construction. The cost for schools in future phases is a conservative estimate using the cost to construct the Phase 1 schools and reflects the estimates based on the prevailing wage and green building laws. The cost for inflation has not been included. It will be captured when this CFP is updated. **The Early Learning Center would serve 600 full time students, meaning that it could serve up to 1200 half day kindergarteners. ***To serve the remaining forecast K-6 growth, the District would need to add 54 more portable classrooms. However, it is estimated that space will exist on the elementary campuses to only add 30 portable classrooms, totaling 110 portable classrooms. The 30 new classrooms can serve another 720 students for a total of 2,237 K-6 students served in portables all of which are permanent, Of the 110 portable classrooms, 93 classrooms would be considered permanent capacity after Phases one and two. The remaining portable classrooms, or 17 of the 110 portable classrooms, will provide temporary interim capacity and are not counted as permanent capacity, After adding portables to the maximum amount possible, 559 K-6 students will remain unhoused after Phase two. (See Table 11 for details.) About six portables will need to be added at the high school level to serve about 150 more students as permanent capacity. School impact fees may be used to pay for the cost of portables. ****The cost to add capacity for 600 high school students is conservative and is based on an estimate of $232 per sq ft (10% more than the original construction of$211) for about 1,000 square feet per classroom for 24 classrooms (includes allowance for halls and stairwells). (The cost of per square foot In western Washington ranges from $289-$312.) Chiawana was originally designed to add the additional classrooms to the wings of the school to absorb future growth. The 24 classrooms will house about 600 additional students. Therefore, about six portable classrooms will need to be added to house the remaining 149 students in the projection and are scheduled in Phase 1. Shown in Table 11 is the analysis of the amount of current permanent K-6 portable capacity and an estimate for the future. No set percentage is possible due to the individual characteristics and limitations of each school and site. The district has analyzed each site to determine the maximum enrollment possible yet maintain a quality educational program and all of its components. Table 11 —Analysis of K-6 Permanent and Temporary Portable Capacity Maximum Unhoused Reasonable BEM Max- #Portable Temporary Total Remaining Enroll Enroll for capacity R/M=#st in Classrooms Port Portable Unhoused Optima perm as perm Classrooms Classrooms Students Quality portables 2011 7,971 7,425 5,908 1,517 63 17 $o 2017 After Phase 1 12,304 91669 8,008 *144 69 17 86 2017AfterPhase 2 12,304 11,745 9,508 *576 93 17 110 559 * Portable capacity at unbuilt schools sites are estimates of 6 classrooms per new school. Pasco School District Capital Facilities Plan Page 16 of 21 November 2011 *The permanent capacity attributed to portable classrooms at those schools that are not yet built is only an estimate and subject to change once sites are secured and designs are finalized, In 2017, the OSPI enrollment forecast projects that the District will be serving 21 ,017 students. Table 12 shows the current capacity, the added capacity for the planned Improvements, the total capacity when the planned improvements are complete, and the forecast enrollment. As shown in Table 12, when all the planned improvements are constructed the District will have permanent capacity to serve 11 ,745 out of the 21,017 projected students. Capacity to house the projected remaining 780 unhoused students is not included in either Phase one or two to account for what may be an overestimate by OSPI of Pasco's growth by 2017. Because this document must be updated every two years, the enrollment projections will be updated based on real enrollment numbers, Table 12- Planned Capacity and Forecast Enrollment in a K-6 Configuration 2017 2017 Increased 2017 Increased Total Facility 2017 Total Facility Capacity Facilities Projected Current Projected Capacity Needs Capacity after Needs Enrollment Capacity* Facility from after from Phases 1 after Needs Phase 1 Phase 1 Phase 2 and 2 Phases 1 and 2 Elementary (K-6) 12,304 7425 4,879 2,244' 2,635 2076' 11,745 559 Middle (7-8) 3171 2,594 577 0 577 0 2,594 577 I High (9-12) 5,542 4,793 749 150 599 600 5,543 (1) Totals 21,017 14,811 5,849 2,394 3,811 2,676 19,882 1,136 *Includes brick and mortar schools and portables. Table 13- Planned Capacity and Forecast Enrollment Added Total Planned Remaining Facility Current Capacity Capacity Forecast Projected Capacity* Enrollment Unhoused Students Elementary K-6 7,425 4,320 11,745 12,304 559 Middle (7-8) 2,594 0 2,594 3,171 577 High (9-12) 4,793 750 5,543 5,542 (1) TOTAL 14,811 5,070 19,882 21,017 1,136 Pasco School District Capital Facilities Plan Page 17 of 21 November 2011 *Total planned capacity in Phase 1 includes six portable classrooms at the elementary level, all of which are considered permanent capacity. After Phase 2 construction, 24 more portable classrooms will be considered permanent capacity. The 6 portable classrooms for the high school are also considered permanent capacity. The District's ability to fund the planned improvements that will add capacity is dependent upon the passage of bond elections at a 60% supermajority and capital construction funds from the state. Numbers for permanent portable classroom capacity for schools not yet constructed are only estimates and may change based on site selection and layout. SECTION 6 CAPITAL FACILITIES FINANCING PLAN A. Planned Improvements Planned improvements in Phase 1 include the construction of two elementary schools and one early learning center, the addition of six portable classrooms at the high school level and another six portable classrooms at the elementary level. The District also needs to acquire school sites and must make a variety of improvements that are needed at existing facilities. When the planned Phase 1 improvements are constructed there will be permanent capacity for 9,669 students. B. Financing for Planned Improvements 9. General Obligation Bonds Bonds are typically used to fund construction of new schools and other capital improvement projects. Bonds are then retired through collection of property taxes. The District must pass a bond election with a 60% majority since it is the primary source of funding for the capital improvements listed in this plan. 2. State Capital Construction Funds State Capital Construction funds come from the Common School Construction Fund ("the fund"). Bonds are sold on behalf of the Fund, and then retired from revenues accruing predominantly from the sale of timber from the common school lands. If these sources are insufficient, the Legislature can appropriate funds or the State Board of Education can change the standards. School districts may qualify for state match funds for specific capital projects based on a prioritization system. Based on the District's assessed valuation per student, the formula in the state regulations and the significant number of unhoused students (calculated by the State's definition), the District is currently eligible for state match funds for new schools at a factor of approximately 86% within the state's calculation formula only if local voters approve the funds for the local portion of the projects. 3. Impact or Mitigation Fees Impact or mitigation fees are a means of supplementing traditional funding sources for construction of public facilities needed to accommodate new development. School impact fees or SEPA mitigation fees are generally collected by the permitting agency at Pasco School District Capital Facilities Plan Page 18 of 21 November 2011 the time plats are approved or building permits are issued. Improvements that do not add capacity and that are constructed to existing schools to serve existing enrollment, are not included in impact fee or mitigation fee calculations, The existing needs and deficiencies are excluded from the cost that is attributed to growth because impact and mitigation fees cannot be used to remedy existing deficiencies. C. Six-Year Financing Plan Table 14 demonstrates how the District intends to fund new construction and improvements to school facilities in the first phase of the Capital Facility Plan. A similar financing plan will be prepared for improvements that are planned for Phase 2 once the improvements in Phase 1 are under construction. The financing components include a bond issue, state match funds, and impact fees. Projects or portions of projects which remedy existing deficiencies are not appropriate for impact fees. Thus, fees collected from new developers will not be used to finance projects or portions of projects which remedy existing deficiencies. Table 14-Capital Facilities Financing Plan Phase 1 Added Unsecured Funds Project Capacity Cost Bonds State Match' impact Fees" New Elementary School#13 750 $23,627,071"• $9,757,686 $13,169,385 $900,000 New Elementary School#14 750 $27,044,006 $11,647,044 $14,496,962 $900,000 New Early Learning Center 600 $20,717,573 $9,612,446 $10,655,127 $450,000 Facility Sites 0 $5,100,000 $5,100,000 $0 $0 Existing Facility improvements 0 $2.725,000 $2,725,000 $0 $0 Portables 300 $1,350,000 $0 $0 $1,350,000 TOTAL 2400 $80,763,650 $38,842,176 $38,321,474 $3,6o0,000 This number is an estimate of state match and is subject to verification by OSPI. ** This number Is an estimate that assumes housing development will occur at a rate similar to what has been experienced the past six years and impact fees in the amount of at least $4,683.34 will be collected from builders for every new housing unit. ***This amount is less than other similar elementary schools because the district already owns the land and has already completed much of the architectural and engineering work In preparation for construction. SECTION 7 SCHOOL IMPACT OR MITIGATION FEES The Growth Management Act (GMA) authorizes jurisdictions to collect impact fees to supplement funding of additional public facilities needed to accommodate new development. The State Environmental Policy Act requires mitigation of impacts that new development has on schools and the State Subdivision Act requires there be adequate provision for schools prior to approving subdivisions. Impact fees or mitigation fees address these legal requirements. They cannot be used for the operation, maintenance, Pasco School District Capital Facilities Plan Page 19 of 21 November 2011 repair, alteration, or replacement of existing capital facilities used to meet existing service demands. A. Fee Calculations Franklin County and the City of Pasco have not adopted a school Impact fee ordinance. However, the District's Capital Facility Plan addresses the forecast growth for which the City and County must plan, and it identifies the need to collect fees to address a portion of the cost the District will incur to build facilities to serve growth. The fees have been calculated using a standard school impact fee formula that is authorized by the Growth Management Act and adopted in Washington counties and cities, The fees, calculated as shown in attached Appendix A, are based on the District's cost per dwelling unit to construct new elementary and middle schools to add capacity to serve new development. Construction costs do not include that portion of the total cost to build new schools that is being incurred to serve unhoused students (to remedy existing deficiencies), Credits have been applied in calculating the fees to account for future state match funds the District could receive and projected future property taxes that will be paid by the owner of the dwelling unit. The fees have been discounted by 25% to minimize the impacts the fees may have on new development and ensure new development is not paying more than its fair share. B. District's Proposed Fees The District requests collection of school impact fees in the amounts of: Single Family: $4,683.34 Multi-Family: $4,525.86 Pasco School District Capital Facilities Plan Page 20 of 21 November 2011 AGENDA REPORT NO. 3 FOR: City Council DATE: February 1, 2012 TO: Gary Crutchfie d- Hager Ahmad Qayoikr , Public Works Director FROM: Michael A. Pawl'ak, P.E., City Engineer Workshop: February 13, 2012 Regular: February 21, 2012 SUBJECT: ORDINANCE: Speed Limit on Industrial Way 1. REFERENCE(S): 1. Vicinity Map 2, Proposed Ordinance II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 02/13: Discussion 02121: MOTION: I move to adopt Ordinance No. increasing the speed limit on Industrial Way, and further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF. A) Currently the segment of N. Industrial Way from Karchner Street north to Foster Wells Road is posted at 25 mph. B) The area is zoned and partially developed as industrial with several food processing plants and other industrial uses. C) A speed study was conducted by the Engineering Division along Industrial Way durin%the week of December 19, 2011. The results of that speed study indicated an 85' percentile speed of 40-45 mph. V. DISCUSSION A) The existing speed limit (25 mph) was established when Industrial Way was a cul-de-sac; with the connection to Kartchner Street it is now inconsistent with the area's character, land use and operational speed. B) A revised speed limit of 35 mph is appropriate and consistent with the results of the speed study between Karchner Street north of Foster Wells Road. C) Even though the 85`x' percentile speed is 40-45 mph, the recommendation of 35 mph accounts for safety aspects associated with heavy truck traffic, turning movements, slow acceleration and braking distances and pedestrian activity. It is also consistent with the mean average speed of 35 mph, from the study. D) This proposed ordinance amends Section 10.24.040 (Increasing Speed Limits in Certain Zones) of the Pasco Municipal Code by amending speed limits on various streets in the City. 35 MPH Add: Industrial Way(Kartchner Street to Foster Wells Road) E) The Engineering Division has discussed the proposed change with the Pasco Police Department and they have indicated support of the proposal. Staff recommends the speed limit change. 8(c) IPA 1 VSfi , rG `-� a.• It a 1 � ' f � � +'VC 14 ORDINANCE NO. AN ORDINANCE concerning speed limits on various streets, and amending Section 10.24.040 of the Pasco Municipal Code. WHEREAS, with the completion of a recent speed study, it is determined that the maximum speed for the below named street(s) should be increased to provide a reasonable and safe conditions, now,therefore, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Section 10.24.040 of the Pasco Municipal Code is hereby amended to read as follows (deletions shown by interlineations and additions shown by underlining): 10.24.040 INCREASING SPEED LIMITS IN CERTAIN ZONES. It is determined upon the basis of an engineering and traffic investigation that the speed permitted by state law upon the following streets is less than is necessary for safe operation of vehicles thereon, by reason of the designation and sign posting of the streets as arterial highways and/or by reason of widely spaced intersections, and it is declared that the speed limit shall be as hereinafter set forth on those streets or parts of streets designated in this section at the times specified when signs are erected giving notice thereof: NAME OF STREET 45 MPH E. "A" Street (S. Cedar Avenue to SR-12); Harris Road (W. Court Street to Broadmoor Boulevard); W. Lewis Street (N. 20th Avenue to N. 28th Avenue); N-, . 4th(north line Section 19 to city limits - Glade North); N. Oregon Street(Hillsboro to north city limits); Road 68 (Sandifur Pkwy north to north city limits); Broadmoor Boulevard (Franklin County Irrigation Canal to Bedford Street); N. Oregon Avenue (E. Ainsworth Street to SR-12); Road 100 (Chelan Drive to FCID Canal); Capital Avenue (Hillsboro Street to Foster Wells Road). (Ord. 3928, 2009; Ord. 3730 Sec. 1, 2005; Ord. 3630 Sec. 1, 2003; Ord. 3395 Sec. 1, 1999; Ord. 3293 Sec. 1, 1998; Ord. 3217 Sec. 1, 1997; Ord. 2818 Sec. 4, 1991; Ord. 2795 Sec. 1-2, 1990) 40 MPH S. 10th Avenue (Ainsworth Avenue to southerly city limits on the intercity bridge) W. Ainsworth Avenue (10th Avenue to Oregon Avenue); Argent Road (N. 20th Avenue west to Road 36); Argent Road (Road 44 west to Road 52); Burden Boulevard (Road 36 to Road 60); W. Court Street(Road 48 to road 100); Heritage Boulevard (SR-12 to "A" Street); E. Lewis Street (N. Cedar Avenue to SR-12); Road 36 (Argent Road to Burden Boulevard). (Ord. 4024, 2011; Ord. 3928, 2009; Ord. 3868, 2008; Ord. 3730 See. 1, 2005; Ord. 3716 Sec. 1, 2005; Ord. 3630 Sec. 1, 2003; Ord. 3395 Sec. 1, 1999; Ord. 3292 Sec. 1, 1998; Ord. 3217 Sec. 1, 1997; Ord. 2818 Sec. 3,1991; Ord. 2795 Sec. 3 (part), 1990.) 35 MPH W. "A" Street(N. 20th Avenue to S. Wehe Avenue); E. "A" Street (S. Wehe Avenue to S. Cedar Avenue); E. Ainsworth Street (Oregon Avenue to Sacajawea Park Road); Argent Road (Road 68 West to Road 84); Broadmoor Boulevard (Bedford Street to N. City Limits); W. Court Street (Road 36 to Road 48); W. Lewis Street (N.12th Avenue to N. 20th Avenue); N. 4th Avenue (E. Court Street to SR-12); N. 4th Avenue (SR-12 to north line Section 19); S. 4th Avenue (W. "A" Street to W. Ainsworth Street); W. Sylvester Street (N. 20th Avenue to Road 60); Sandifur (Road 60 to Broadmoor Boulevard); Commercial Avenue (Kartchner to Kahlotus Highway); Industrial Way (Kartchner to Foster Wells Road); Foster Wells Road (SR-395 to N. Oregon Avenue); Sacajawea Park Road (SR-12 to E. Ainsworth Street); Burden Boulevard(Road 60 to Road 76); Road 100 (W. Court Street to Chelan Drive); Road 60 (W. Sylvester Street to W. Court Street); Road 68 (200 foot north of Valley View PI to Sandifer Pk%Ay). Road 52 (Burden Blvd. to Sandifer Parkway); Road 60 (Burden Blvd. to Sandifer Parkway); Argent Road (From 20th Avenue to the east); Madison Avenue (Road 44 to Burden Blvd.); Road 44 (Argent to Madison Avenue); Chapel Hill Blvd. (Road 68 to Churchill Downs Lane); Chapel Hill Blvd. (FCID Canal right-of-way to Road 84). (Ord. 4025, 2011; Ord. 3928, 2009; Ord. 3868, 2008; Ord. 3730 Sec. 1, 2005; Ord. 3716 Sec. 1, 2005; Ord. 3630 Sec. 1, 2003; Ord. 3395 Sec. 1, 1999; Ord. 3293 Sec. 1, 1998; Ord. 3217 Sec. 1, 1997; Ord. 2818 Sec. 2 (part), 1991; Ord. 2795 Sec. 4, 1990.) 30 MPH S. 10th Avenue(W. Ainsworth Avenue to W. Sylvester Street); N. 20th (W. "A" Street to airport terminal); W. "A" Street (N. 20th Avenue to Road 28); W. Clark Street(W. 51h Avenue to N. 18th Avenue); W. Court Street(N. 1st Avenue west to Road 36); W. Court Street (Road 100 to Harris Road); E. Lewis Street(N. Beech Avenue to N. Cedar Avenue); 28th Avenue (W. "A" Street to W. Lewis Street); W. Sylvester Street (N. 20th Avenue to N. 7th Avenue); Road 34 (W. Sylvester Street to W. Court Street); Road 84 (Chapel Hill Blvd. to Argent Road); Clemente Lane (Burden Blvd. to Wrigley Drive); Wrigley Drive (Road 76 to Clemente Drive). (Ord. 3928, 2009; Ord. 3868, 2008; Ord. 3716 Sec. 1, 2005; Ord. 3630 Sec. 1, 2003; Ord. 3395 Sec. 1, 1999; Ord. 3293 Sec. 1, 1998; Ord. 3217 Sec. 1, 1997; Ord. 2891 Sec, 1, 1992; 2818 Secs. 1-4, 1991; Ord. 2795 Sec. 5,1990; Ord. 2644, Sec. 1, 1987; Ord. 2536 Sec. 1, 1985; Ord. 2493 Sec. 1, 1984; Ord. 2486 Sec. 1, 1984; Ord. 2165 Sec. 1, 1980; Ord. 1979 Sec. 1, 1978; Ord. 1793 Sec. 1, 1976; Ord. 1578 Sec. 1, 1973; Ord. 1475 Sec. 1, 1971; prior code Sec. 8-14.12.) Section 2. This Ordinance shall take effect five (5) days after passage and publication. PASSED by the City Council of the City of Pasco,this day of February, 2012. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney AGENDA REPORT FOR: City Council February 15, 2012 TO: Gary Crutcht l iY Manager Regular Mtg.: 2121/12 FROM: Stan Strebel, llillputy City Manager , SUBJECT: Interlocal Agreement with Port o �' 'alla Walla for Wastewater Treatment and Disposal Services I. REFERENCE(S): 1. Proposed Agreement 2. Resolution No. 3334 I1. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 2/21: MOTION: I move to approve the Interlocal Agreement with the Port of Walla Walla for Wastewater Treatment and Disposal Services and, further, authorize the Mayor to sign the Agreement when the conditions precedent to effective date in Section 9A,iii, have been satisfied. III. FISCAL IMPACT: (See Resolution for summary) IV. HISTORY AND FACTS BRIEF: Note: subsequent to the Council meeting of February 13, a few minor changes have been made to the agreement, for clarity, as follows. 1. Section 5E—"NEPA"added following SEPA on line 5 (the river installation is likely subject to national environmental review). 2. Section 7F —"and required permitting conditions" added at end of sentence. 3. Section 12 — added option for electronic (email) service of notice. 4. Section 13 —beginning at line 5, clarification that City will not own Port installed "pressure sewer." 5. The Port President is now Paul Schneidmiller, who is now listed as signer A) In August, Councii approved Resolution No. 3334 authorizing staff to develop an interlocal agreement with the Port of Walla Walla providing for wastewater treatment and disposal services for the Port's Burbank service area. B) City staff and Port officials have prepared the attached agreement, which the Port has authorized its Commission President to sign. C) As noted in Section 9 of the Agreement, the approval of the agreement by agencies with jurisdiction (i.e., health department, Eulogy and Corps of Engineers) must occur prior to the effective date. The Port will be responsible for gaining the necessary approvals, Staff therefore suggests approval of the agreement, with authorization for the Mayor to sign when the required approvals have been received. D) Council will note that all of the core elements outlined in the authorizing resolution have been incorporated into the agreement. Staff recommends approval of the agreement. 10(a) V. DISCUSSION: A) The agreement provides a true win-win for both the City and the Port, with the City's ability to "sell" excess capacity in its wastewater treatment plant and the Port being able to provide sewer service in its Burbank service area without the expense associated with construction and operation of a new wastewater plant. B) In the event the Port terminates the agreement before purchasing the initial block of capacity (30 day notice required), it must pay the City a termination fee ($10,000) to cover the City's legal and administrative expenses. When recorded, please return to; City of Pasco Attn: Gary Crutchfield, City Manager P. O. Box 293 Pasco, WA 99301 City of Pasco and Port of Walla Walla Interlocal Agreement for Waste Water Treatment and Disposal Services THIS INTERLOCAL AGREEMENT (the "Agreement") is entered into by and between the City of Pasco, Washington a municipal corporation, herein called the "City," and the Port of Walla Walla, Washington, a municipal corporation, herein called the "Port," for the purpose of providing waste water treatment and disposal services in the unincorporated Burbank area of Walla Walla County, Washington. The City and the Port are each a "Party" and are collectively the"Parties" to this Agreement. WHEREAS, Walla Walla County in its Comprehensive Plau has designated the Burbank Urban Growth Area ("UGA") and adopted policies and goals to encourage new growth to occur in the UGA; and WHEREAS, the Burbank UGA contains a mixture of single-family residential, industrial, commercial, and public reserve uses, including the Burbank industrial Park and Burbank Business Park which are owned and operated by the Port; and WHEREAS, the Port owns and operates a publi;. water system that serves the Burbank Industrial Park and Burbank Business Park and that is authorized, by the Western Walla Walla County Coordinated Water System Plan, to provide water service on a wholesale basis to the greater Burbank area(the Port's "Wholesale Service Area")-, and waste kVatcr Treatmeni and Disposal 5nrvices Agreement Page I WHEREAS, the Walla Walla County Comprehensive Plan states that the use of on-site septic systems is the sole means of sewage disposal in the Burbank area, which presents a risk of groundwater contamination, and the Comprehensive Plan identifies a long-term goal of sewer service provided by a single entity, with a policy of encouraging the Port to "establish core utilities where possible"; and WHEREAS, the Port desires to establish waste water services in the Burbank area, and the Port has authority under RCW 53.08.043 establish and operate systems of sewerage; and WHEREAS, the City owns and operates a wastewater treatment plant which has unused capacity, a portion of which is to be allocated by this Agreement to treat waste water delivered by the Port to the City's system; and WHEREAS, the Port and the City have reached agreement of the pricing, terms and conditions necessary for the City to accept waste water delivered by the Port, and the Parties agree to the joint exercise their powers to collect, convey, treat, and dispose of waste water; and WHEREAS, the Parties are authorized under the Interlocal Cooperation Act to enter into an agreement for the provision of waste water treatment and disposal service; NOW THEREFORE, in consideration of the foregoing recitals which are incorporated herein, the City and the Port do hereby mutually consent and agree to the following: Section 1: Treatment Capacity Purchase A. The City agrees to make available, and the Port agrees to purchase, two blocks of 100,000 gallon per day (gpd) (annual average flow) waste water treatment capacity in City's waste water treatment plant. B. Port shall also have the option to purchase one additional block of I00,000 gpd (annual average flow) capacity. C. The purchase price for each block of capacity (100,000 gpd, annual average flow) shall be nine hundred thousand ($900,000) dollars, provided, however, that the purchase price for the second and third blocks of capacity shall be automatically adjusted, effective on January 1, 2013 and thereafter, each year effective January 1, to reflect any increase in the Consumer Price Index (U.S. City Average, all items); and provided further, that the maximum increase for any year shall be five (5%) percent. As provided in Section 3(A), Port shall be allowed to make three yearly installment payments for each block of capacity. The price adjustments in this section shall not apply to yearly installments, once the first installment payment has been remitted. Section 2: Ca aci Purchase Timin A. The Port agrees to purchase the first block of treatment capacity within one year of the effective date of this Agreement, but not later than June 30, 2013. Failure by the Port to make the initial purchase as specified shall act to terminate this Agreement. Interlocal Agreement—City of Pasco and Port of Walla walla Pagc 2 B. The Port agrees to purchase the second block of treatment capacity within 15 years of the first payment for the first block of treatment capacity. The City may, in its sole discretion, elect to terminate this Agreement if the Port does not initiate purchase of the second block within the 15-year period. The City must exercise such termination right within six months of the end of said 15-year period. C. The Port may purchase a third block of treatment capacity at any time after the purchase of the second block of capacity. If the Port fails to purchase the third block of capacity within 50 years of the effectivc date of this Agreement, then the Port's option to purchase same shall expire. The Parties may extend the option through mutual written agreement. D. As of the effective date of this Agreement, the City shall allocate and reserve for the Port three (3) blocks of waste water treatment capacity (100,000 gpd annual average flow), Until such time as the Port's right to purchase a capacity block expires, the City shall maintain said reservation of capacity for the Port and shall not otherwise use or allocate said reserved capacity. The City shall keep records and accounts of the waste water treatment system capacity that include and reflect the Port's reserved capacity. Section 3: Catracill Purchase Payments A. As compensation for treatment capacity purchased, the Port agrees to pay to the City, installment payments for each block of capacity as follows' One-third of the total purchase price of each block of capacity shall be included with the Port's notice to the City to purchase a capacity block. Thereafter, Port shall pay one-third of the purchase price within one year of the initial installment payment and shall pay the final one-third of the purchase price within one year of the second installment payment. Any unpaid installments of the block of capacity total purchase price shall be considered late upon the first day after it is due. B. Late payments shall accrue interest at 12% per annum. Section 4: Sewer Use Billing, PILT Surcharge A. Wastewater delivered by the Port shall be metered and billed by the City to the Port on a monthly basis using 100% of the published rate (Pasco Municipal Code, Chapter 3.07, and as hereafter amended) applicable to Pasco commercial/industrial sewer users; provided, however, there shall be a minimum monthly bill of$300 for the first two years of this agreement or until the first user is connected to the Port system for delivery to the City; provided further, that after two years there shall be a minimum monthly bill of $500. The Port shall install, own, and operate a flow meter located on Port-owned property in Burbank. The Parties may change the location of the flow meter and to allocate costs thereof by mutual agreement. B. Each monthly bill shall include a "Payment in Lieu of Taxes" (PILT) surcharge equal to 100% of the monthly sewer use bill described in subsection A above; provided, however, the PILT surcharge shall not be less than $2,000 monthly. The PILT surcharge is intended to compensate the City for potential losses in revenue due to business located at Waste Water Treatment and Disposal Services Agreement Page 3 Port's sites made more attractive by the extension of waste water services. The FILT surcharge miniinum ($2,000/month) shall be adjusted, effective on the sixth anniversary of the effective date of this Agreement to reflect any annual increase in the CPI (U.S. City Average, all items) and every year thereafter; and provided further, that the maximum increase for any year shall be five (S%) percent. Section 5: Port Collection and Conveyance System A. The Port shall install, operate and maintain all collection lines, pump stations, force mains and other appurtenances necessary to collect and transport wastewater from its Burbank service area, across the Snake River, to the point of connection to the City's gravity sewer interceptor, located in Road 40 East, Specifically, the Port shall construct the following improvements: i) The "Pressure Sewer" line that originates on Port-owned property in Burbank, crosses the Snake River, and terminates at the access vault to be located in City right of way. ii) The "Gravity Sewer" line that extends from the end of the Pressure Sewer to the point of connection. The Pressure Sewer, Gravity Sewer, access vault, point of connection, and facilities to be constructed or installed are shown on the map attached as Exhibit I and incorporated herein. B. At the point of connection, which shall be determined by the City, the Port shall install a manhole for connection of the force main and such installations and appurtenances as may be required to provide a gravity line connection to the interceptor. C. At the end of the Pressure Sewer, the Port shall install an access vault to include a flow meter and sampling station. The access vault on the City side will include an open channel flow meter primary device (Parshall flume or equivalent) for accuracy checks against the Port's flow meter. At the access vault, the Port will deliver and the City will accept sewage flows such that control of and responsibility for the sewage flows passes from the Port to the City for conveyance, treatment, and disposal. D. The Port shall design its conveyance system, from the conveyance pump station, including the Pressure Sewer, Gravity Sewer, access vault, and manhole(s) at the point of connection, in accordance with City standards, which design shall be subject to review and approval by the City. E. The Port shall be responsible for all costs associated with design, construction, for obtaining any necessary rights-of-way, easements, State and Federal licensing, and permits or approvals to complete construction of the systems and improvements as outlined in this section and to allow the operation thereof. The Port shall be responsible to act as the lead agency for SEPAlNEPA review of its construction plans. 'Nastc Watcr Treatment and Disposal Services Agreement Page 4 F. Following completion of construction and testing, the Port shall convey ownership of the Gravity Sewer to the City by bill of sale and the Gravity Sewer shall then be part of the City's sewerage system; provided, however, that the capacity rights of the Gravity Sewer shall be reserved by and for the Port. The capacity of the Gravity Sewer shall be first allocated to the Port for conveyance of the waste water from the Burbank service area; the excess capacity of the Gravity Sewer may become available to the City for general system usage after reimbursement to the Port for a pro rata share of the Gravity Sewer costs on such terms as the Parties may agree. The City shall not make or allow any other connections or contributions to the Gravity Sewer before such cost reimbursement to the Port occurs. G. The Port shall retain ownership and operation of the Pressure Sewer. Section 6: Cite System A. The Port shall deliver wastewater to the access vault at the end of the Pressure Sewer , and the City shall install, operate and maintain all lines and appurtenances necessary to transport wastewater delivered to its system to the wastewater treatment facility. B. The City shall be responsible for all costs associated with the operation, maintenance, repair, replacement, and ownership of its sewage and waste water collection and conveyance system and treatment facility. Section 7: Operational Considerations A. Port agrees that City shall have unrestricted access, for inspection and monitoring purposes, to the Ports' pumping and conveyance systems, up to the point of connection with the City's system, which are installed and operated by the Port for the purpose of delivering wastewater to the City's system. Notwithstanding this right of access, the City shall have no duty to so inspect and monitor beyond that required by applicable law, B. City shall have the right to sample, at its discretion, wastewater delivered by the Port in order to determine if such wastewater is within City standards; is of unusual strength or if constituents incompatible with the treatment process are being delivered by Port to City's system. Notwithstanding the right to sample, the City shall have no new duty to do so beyond that required by applicable law. C. Port agrees that City wastewater standards as specified in Pasco Municipal Code, Chapter 13A.52, as such standards currently exist, or may be hereafter amended, shall apply to the Port's sewer customers and to its entire wastewater collection and conveyance system. The City shall not adopt or amend its wastewater standards that discriminate against the Port's sewer customers or that otherwise treat Burbank sewer customers differently than Pasco sewer customers of like characteristics. Waste Water Treatment and Disposal Services Agreement Page 5 D. City shall have the right to require Port to take corrective actions to assure compliance with its standards. Failure to comply with established standards within ninety (90) days of notice of noncompliance from the City may result in the City taking corrective action reasonably necessary to maintain the safety, integrity, and proper functioning of the wastewater system. The cost of corrective action shall be the sole responsibility and liability of the Port. In the event of an emergency situation, the City may take corrective action immediately to maintain the health and safety of its residents and avoid environmental damage, Corrective action shall he the sole responsibility and liability of the Port. E. Port shall provide at least 60 days advance written notice to City of all new sewer customer applicants in its service area so that City may review for compliance with wastewater standards. The City does not have the right to block or reject any new sewer user or to condition the acceptance of any new sewer user except on grounds directly relating to compliance with City wastewater standards adopted in its municipal code or any applicable state or federal regulations. F. Port agrees to comply with all State and Federal laws pertaining to the use and maintenance of its wastewater system including, but not limited to, environmental standards and regulations and required permitting conditions. Section 8: Service Area A. It is the agreement of the Port and the City that the area for which the Port may collect wastewater for delivery to the City's system, pursuant to this Agreement, be limited to the area identified in the attached Exhibit "T' incorporated herein, and identified as the Port's "Wholesale Service Area." Provided, however, that the Parties intend to comply with the state Growth Management Act, as it may be amended. Accordingly, the Port will only collect and deliver waste water from the UGA until such time as other areas in the Port's Wholesale Service Area may be served consistent with law. B. Port shall not, without the express written consent of the City, accept wastewater into its system which originates from any property outside of the identified Wholesale Service Area. C. Except for actions relating to compliance with City wastewater standards provided in Section 7 above, the City shall have no authority regarding the Port's sewer customers. The Port has full authority to control and regulate rates and charges, terms and conditions of connection and use of the Port's sewer system. D. The City agrees that it is not able to provide sewer service in the Burbank area and that construction of additional facilities are necessary for such service. Accordingly, the City consents to the Port's provision of sewer service in the Port's Wholesale Service Area. Except through this Agreement with the Port, the City further agrees not to provide sewer service directly or indirectly within the Port's Wholesale Service Area during the time that this Agreement is in effect. Wastc Watcr Trcatment and Disposal Scnices Agreement Page 6 Section 9: Effective Date and Terms, Termination A. This Agreement shall become effective on the first date that all of the following events have occurred, but in no case later than June 30, 2013: i) the Agreement has been duly authorized and executed by the City and the Port; ii) the Agreement has been filed with the Walla Walla and Franklin County Auditors and/or posted on the internet consistent with RCW 39.34.040; and iii) approved by the state agency or agencies with jurisdiction under RCW 39.34.050. Not later than 30 days after the foregoing events have occurred, the City and Port shall confirm the effective date of the Agreement by letter or memorandum signed by both Parties, which shall become an appendix hereto, B. This Agreement shall continue in full force and effect for a period of seventy-five (75) years from its effective date, unless terminated for cause or convenience as provided herein. C. Before the Port makes the initial payment for purchase of the first capacity block, the Port may terminate this Agreement for convenience after providing 30 days written notice to the City, and in such event the Port shall pay a termination fee of ten thousand ($10,000) dollars to the City for its administrative and legal expenses and thereafter, neither Party shall have any remaining obligations to the other Party. After making said initial payment, however, the Port may terminate this Agreement for convenience after providing written notice to the City of not less than five years. In such event, the Port shall not be entitled to refund of any payments made or forbearance on any payments due for capacity under this Agreement in the event of its termination pursuant to this subsection. During the five-year termination notice period, all provisions of this Agreement shall be in full force and effect, and the usage fee and PILT surcharge fee provided in Section 4 shall continue to accrue and be due and payable. D. The City may terminate this Agreement after failure by the Port to pay any purchase price, usage fee, or PILT surcharge upon ninety (90) days notice of intent to terminate and opportunity to cure. Provided additionally, that upon termination of this agreement for failure to pay, Port and its sewer customers shall have an additional one (1) year period for the purpose of making alternative plans and preparation for wastewater treatment. Any late payment required herein shall accrue interest at 12% per annum. The City may also terminate this Agreement for any continuing uncorrected violation of wastewater standards, applicable State and Federal environmental standards, or other such conditions reasonably deemed within the discretion of the City to cause a substantial risk to the health and welfare of its citizens upon ninety (90) days of notice of intent to terminate and opportunity to cure and one (1) year for making alternative plans as stated hereinabove. E. This Agreement may be renewed only upon written agreement between the parties, Waste Water Treatment and Disposal Services Agreement Page 7 Section 10: Indemnification / Hold Harmless Each Party shall defend, indemnify and hold the other Party, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, resulting from or arising out of negligent acts or omissions relating to or in connection with the performance of this Agreement. Section 11: Insurance Port shall for the duration of the Agreement, procure and maintain insurance, or similar coverage, subject to the approval of City, against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work or the activities contemplated hereunder by the Port, its agents, representatives, employees or subcontractors. No Limitation Port's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Port to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance Port shall obtain insurance of the types described below. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 O1, or other such form as may be utilized in the future acceptable to the City and providing for substantially equivalent coverage, and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Port's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. B. Minimum Amounts of Insurance Port shall maintain the following insurance limits: Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products- completed operations aggregate limit and contractual liability. Waste Water Treatment and Disposal Services Agreement Page 8 C. Other Insurance Provisions The Port's Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City, Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Port's insurance and shall not contribute with it. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: V11. E. Verification of Coverage Port shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Port before commencement of any work pursuant to this Agreement. F. Subcontractors The Port shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. G. Notice of Cancellation The Port shall provide the City with written notice of any policy cancellation, within ten business days of their receipt of such notice. H. Failure to Maintain Insurance Failure on the part of the Port to maintain the insurance as required shall constitute a material breach of this Agreement, upon which the City may, after giving ten business days notice to the Port to correct the breach, immediately terminate the Agreement. Section 12: Notice All notices and payments hereunder may be delivered or mailed. If mailed, they shall be sent to the following respective addresses: To the City: City of Pasco City Manager P. O. Box 293 Pasco, WA 99301 Email: citymanager @ pasco-wa.gov To the Port: Port of Walla Walla Executive Director 310 A Street Walla Walla, WA 99366-2269 Email: jk @portwallawalla.com (or successor) Waste Water Treatment and Disposal Services Agreement Page 9 or to such other respective addresses as the Parties hereafter from time to time designate in writing. All notices and payments mailed by regular post (including first class) shall be deemed to have been given on the third business day following the date of mailing, if properly mailed and addressed. Notices and payments sent by certified or registered mail shall be deemed to have been given on the day next following the date of mailing, if properly mailed and addressed. For all types of mail,the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing, Notices may also be given by confirmed electronic delivery at the email addresses above. Section 13: Interlocal Cooperation Act Provision. Each Party shall be solely responsible for all costs, materials, supplies and services necessary for its performance under the terms of this Agreement. All property and materials secured by each Party in the performance of this Agreement shall remain the sole property of that Party, except that upon termination of this Agreement all pipes and material located within the corporate limits of the City, except for the "pressure sewer" as referenced in Section 5A(i) of this Agreement, shall become City property. All funding incident to the fulfillment of this Agreement, shall be borne by each Party necessary for the fulfillment of their responsibilities under the terms of this agreement, No special budgets of funds are anticipated, nor shall be created incident to this Interlocal Cooperation Agreement. It is not the intention that a separate legal entity be established to conduct the cooperative undertakings, nor is the acquisition, holding, or disposing of any real or personal property anticipated under the terms of this Agreement. The City Manager of the City of Pasco, Washington, shall be designated as the Administrator of this Interlocal Cooperative Agreement. This agreement shall be filed with the Franklin County Auditor and the Walla Walla County Auditor, or alternatively, posted on the Parties' respective websites as required by RCW 39.34. Section 14: Miscellaneous A. All of the terms in this Agreement shall extend to and bind the legal successors and assigns of the Parties. This Agreement may not be assigned by either Party without the consent of the other Party; provided, however, that the Port may assign this Agreement without City consent to a local government entity that i) is formed in the Burbank area, ii) has the legal authority and capability to own and operate the sewer collection and conveyance system, and iii) and agrees to perform this Agreement and to assume all rights and obligations herein. B. This Agreement is made and shall be construed in accordance with the laws of the State of Washington. Jurisdiction and venue for any action arising out of this Agreement shall be in Franklin County Washington, C. Except as expressly provided herein, nothing in this Agreement shall be construed to permit anyone, other than the Parties and their successors and assigns, to rely upon the terms herein contained, nor to give any such third party a cause of action on account of any nonperformance hereunder. Wastc WatcrTrcatmcnt and Disposal Services Agreement Page 10 D. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held to be invalid or unenforceable by a final decision of any court having jurisdiction on the matter, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect, unless either Party determines that such invalidity or unenforceability materially interferes with or defeats the purposes hereof, at which time the Parties shall substitute a provision that most closely approximates that which was invalidated without being invalid itself. E. This Agreement constitutes the final and completely integrated agreement between the Parties on its subject matter. F. Each Party has had the opportunity to consult with counsel in connection with this Agreement. Each of the provisions of this Agreement represents the combined work product of all Parties. Therefore, no presumption or other rules of construction which would interpret the provisions of this Agreement in favor of or against the party preparing the same will apply in connection with the construction or interpretation of any of the provisions of this Agreement. G. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute the same instrument. Section 15: Dispute Resolution Should any dispute arise between the Parties concerning the breach, interpretation, or enforcement of this Agreement, the Parties shall first meet in a good faith attempt to resolve such dispute. Any unresolved dispute shall be submitted to binding arbitration. The dispute shall be submitted to a single arbitrator mutually agreed by the Parties. if the Parties are unable to agree, the arbitrator shall be determined by the Franklin County Superior Court, and arbitration shall be conducted pursuant to RCW 7.44A, and the Rules of Mandatory Arbitration. Arbitration shall be conducted in Pasco, Franklin County, Washington, and the costs of the arbitration shall be equally borne by the Parties, and the arbitrator shall award, as additional judgment against the other, attorney's fees and costs to the prevailing Party. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year stated below. CITY OF PASCO PORT OF WALLA WALLA Matt Watkins, Mayor Paul Schneidmiller, Port Commission President Dated: Dated: Waste Water Treatment and Disposal Services Agreement page k 1 STATE OF WASHINGTON ) ss County of Franklin ) On This day personally appeared before me MATT WATKINS, Mayor of the City of Pasco, Washington, to be known to be the individual described in and who executed the Within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 2012. NOTARY PUBLIC in and for the State of Washington Residing at My Commission Expires; STATE OF WASHINGTON ) : ss County of Walla Walla ) On This day personally appeared before me PAUL SCHNEIDMILLER, Port Commission President of the Port of Walla Walla, Washington, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN tinder my hand and official seal this day of , 2012, NOTARY PUBLIC in and for the State of Washington Residing at My Commission Expires: waste Water Treatment and Disposal Services Agrecmcnt Page 12 Exhibit l Map of City of Pasco-Port of Walla Walla Sewer Connection Wastc Water Treatment and Qispnsal Services Aggrecmcnt Page: 13 EXHIBIT 1 PASCO F•RGLL b � llt �! t • L i+ ?' rar OF wat•kuu \ 6 U R e A k It rarcn e0 A iFW-O=-ti-001: 'v 60M OP Wk1,C-k4LA PAR=me — �` +J F�UNP STAION . 1` CITY OF PASCO nderson PORT OF WALLA WALLA qR&Y'associates,erry SEWER CONNECTION inc. Exhibit 2 Port of Walla Walla Burbank Sewer Service Area Map Waste Water Treatment and Disposal Services Agrecmcnt Pagc 14 ro Y on coo � 30 2 X m �m � m om m v ell tC '+ ?� �•i: { t'i "S N LOOP i RESOLUTION NO. J �3`, A RFSOLLITION authorizing development of an Interlocal Agreement with the Port of Walla Walla i'or Wastewater Treatment Services. WHEREAS, .hc Port of Walla Walla dcsires to establish wastcwaler services in the Burbank area; and, WHEREAS, Pasco owns and operates a wastewater treatment pant which has substantial unused capacity, a portion of which could be allocated to treat wastewater delivered by the Pon of Walla Walla to the Pasco plant; and, WHEREAS, a committee of City Councilmembers and appropriate staff worked with Port of Walla Walla representatives over the course of the past year to determine whether or not a mutually beneficial agreement could be developed; NOW, THEREFORE, BE IT RFSOLVFII BY 1'HE CITY COUNCIL OF THE CI'T'Y OF PASCOr Section 1. That the Pasco City Council hereby concurs in the following core elements of an agreement for provision of wastewater services for the Port of Walla Walla; ELEMENT --FR-05'V)SION Capacity Blocks/Price W0,000/ea; +CPI/5% max/yr (I 0()k >>d x 3 Capacity Purchase/Timing I" Block within l year nd Block w 15 years _ 3`° Block may be cancelled by city i r riot purchases! within S0 y5ars 1 Payment Terms 3 years each Brock (one-third. ear from I" year of purchase) Sewer Use Rate _ 100% applicl ble city rate PELT 100%ofmonthly sewer charge, not less than $2,000/month; + CPI after year 5; maximum annual adjustment 5% Land Use No restriction, provided wastewater limitations are met Term 75 years; Port may terminate with 5 years notice _ Service Area _ I Coincide with Poit's "wholesale" service area sCe map at[aehcd) Section 2. That the City Manager is hereby authorized and directed to develop a formal interlocal agreement with the Fort of Walla Walla, consistent with the foregoing core elements, to include all appropriate provisions in such a long-term agreement for provision of wastewater treatment services for the Burbank area. Passed by the City Council of the City of Pasco this _D-day of L45 F, 201 l Matt Watkins, Mayor ATTEST,: APPRO FFL7 AS TO FORM: llebbie L, Clark, City Clerk Leland B. K 'r, City Attor ey 4 d ^d coo Q n m s ° 'x3tn m It �i os g s 1ta , S m r► J , `�y ! tT 7 �.[P� �♦ t. _ / 1 . 0 If CL mp ua Q HANSf NICOOP - CL K m r ..